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2019 Supreme(Online)(ITAT) 1947

INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH)
M/S RADIC KHAITAN LTD. DELHI – Appellant
Versus
DCIT NEW DELHI – Respondent


ORDER

PER N.K. BILLAIYA, ACCOUNTANT MEMBER,

With this appeal, the assessee has challenged the correctness of the order of the CIT(A)- 30, New Delhi dated 19.02.2015 pertaining to assessment year 2005-06.

2. With the first three grounds of appeal, the assessee has challenged the jurisdiction of the Assessing Officer in framing the assessment order u/s 153A of the Income-tax Act, 1961 [hereinafter referred to as ’the Act’.

3. Ground No. 4, with its sub grounds, challenges the disallowance of expenditure of Rs. 1.78 crores on merits of the case.

4. Since Ground Nos. 1 to 3 go to the root of the matter, we proceed to decide these grounds.

5. The under lying facts in this issue are that a search and seizure action u/s 132 of the Act was carried out in the Radico Khaitan group of cases including the assessee company on 15.02.2011. The assessee company had also been covered in an earlier search u/s 132 of the Act on 14.02.2006.

6. Pursuant to the present search, i.e. on 15.02.2011, the Assessing Officer commenced the assessment proceedings as the present A.Y is 2005-06 is one of the six A.Ys, preceding the A.Y relevant to the previous year in which the search was conducted.

7. From the records av

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