Shanti Prime Publication Pvt. Ltd.
Section 153C of Income Tax Act, 1961— This appeal of assessee has been directed against the order of CIT(A).
The assessee in the present appeal has challenged the assessment order under section 143(3) on the premise that assessment ought to have been framed under section 153C of the I.T. Act. It is also stated in the grounds of appeal that there is no material available on record to make the above addition. It is also stated that the Ld. CIT(A) has erred in not quantifying the addition and instead giving ambiguous directions to compute the interest after six months from the date of the sale.
Conditions of Section 153C are not satisfied in this case. The A.O, therefore, rightly framed regular assessment under section 143(3) after considering the incriminating material available on record.
Held that— The A.O, therefore, correctly made assessment under section 143(3) of the I.T. Act. Further, the A.O. has examined the evidences available on record and rightly came to the conclusion that assessee paid interest in cash on PDCS. The Ld. CIT(A) on examination of the material on record in the light of seized material and others rightly directed the A.O. to compute interest from PDCs after six months from the date of issue of PDCs. The Ld. D.R. relied upon the above decisions of the ITAT, Delhi Bench in which similar directions of the Ld. CIT(A) have been confirmed by the Tribunal. In this view of the matter and in the absence of any representation from the side of the assessee, we do not find any merit in the appeal of assessee and the same is accordingly dismissed.[M/S. GITANJALI PROMOTERS PVT. LTD. VERSUS THE ACIT, CENTRAL CIRCLE-23, NEW DELHI][2019] 17 ITCD Online (16) [ITAT DELHI]