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A search was conducted at the premises of one Dinesh Kaushal and during the search, an Agreement to Sell was unearthed wherein the Respondent assessee was the seller and Dinesh Kaushal was the purchaser. The Assessing Officer assumed jurisdiction on the premise that the said document belonged to the assessee. On this aspect, the position of law is covered against the Revenue by the decision inPepsico India Holding Pvt. Ltd v. Assistant Commissioner of Income Tax and Anr. [2015] 370 ITR 295 Del.On this short ground, the impugned order passed by the Tribunal is liable to be sustained.

Shanti Prime Publication Pvt. Ltd.

Section 153C of Income tax Act, 1961— In the instant case, revenue has preferred this appeal to assail the common order passed by ITAT.
The Tribunal has dismissed the appeal preferred by the Revenue against the order of the CIT (A) to delete the additions sought to be made by the Assessing Officer after issuance of notice under Section 153C.

Held that—In our view, no substantial question of law arises for our consideration.  the impugned order passed by the Tribunal is liable to be sustained. Even otherwise, we find that the Assessing Officer did not make any additions on the basis of the agreement dated 05.09.2006 attributed to the assessee. The Assessing Officer proceeded to make additions dehors the said agreement, which in any event, was not justified.[THE PR. COMMISSIONER OF INCOME TAX -4 VERSUS GLENSDALE ENTERPRISES DEVELOPMENT PVT. LTD.][2019] 19 ITCD Online (5) [ DELHI HIGH COURT]

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