IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “A” BENCH: NEW DELHI BEFORE SHRI RAJ KUMAR CHAUHAN, JUDICIAL MEMBER &

SHRI MANISH AGARWAL, ACCOUNTANT MEMBER [Assessment Year : 2019-20]

Aditi Infrabuild & Services Ltd. vs DCIT, M-122, 1st Floor, Left Side, Central Circle-30 Jagatram Park, Laxmi Nagar, Delhi S.O.Vikas Marg, East Delhi, New Delhi-110092 PAN-AAECM7270K APPELLANT RESPONDENT Appellant by Shri Amit Goel, CA &

Shri Pranav Yadav, Adv.

Respondent by Shri Jitender Singh, CIT DR Date of Hearing 18.12.2025 Date of Pronouncement 21.01.2026 ORDER PER MANISH AGARWAL, AM :

The present appeal is filed by assessee against the order dated

16.12.2023 of Ld. Commissioner of Income Tax (A)-30, New Delhi [“Ld. CIT(A)”] in Appeal No.30/10574/2018-19 passed u/s 250 of the Income Tax Act, 1961 [“the Act”] arising out of assessment order dated 29.03.2023 passed u/s 153C r.w.s. 143(3) of the Act pertaining to Assessment Year 2019-20.

2. Brief facts of the case are that a search and seizure operation u/s 132 of the Act was conducted on 26.10.2020 in the cases of Sanjay Jain & Mehta Group at various residential and business premises. During the course of search, two sets of Tally data were found and seized from the office premise of Shri Sanjay Jain. One set of tally data seized, contained the receipt and expenditure in cash and details of commission of ledger as per tally of Sanjay Jain with the name “Jain Enterprises”. Upon receiving this information from the AO of person searched, proceeding in the case of assessee were initiated u/s 153C of the Act after recording satisfaction note by the AO, Central Circle-30, New Delhi who is the AO of assessee. The assessee company filed its return of income on 23.10.2019, declaring total income at INR NIL. Notice u/s 153C of the Act was issued to the assessee on 30.09.2022, in response to which assessee filed return on 02.11.2022, declaring the same income as declared in the return filed u/s 139(1) of the Act. Thereafter, various notices were issued from time to time to the assessee and assessee has made the submissions as called for. After considering the submissions filed by the assessee and the information available with AO, assessment order was passed u/s 153C r.w.s. 143(3) of the Act on 29.03.2023 at a total income of INR 3,99,01,662/-.

3. Against the said order, assessee filed an appeal before Ld. CIT(A) who vide impugned order dated 16.12.2023, dismissed the appeal of the assessee.

4. Aggrieved by the order of Ld. CIT(A), assessee is in appeal before the Tribunal by taking following grounds of appeal:-

1. “On the facts and circumstances of the case and in law, the notice u/s 153C issued by the assessing officer is bad-in-law, barred by limitation and without jurisdiction and, therefore, the said notice along with the assessment order passed on the foundation of such notice are liable to be quashed and CIT(A) erred in not holding so.

2. On the facts and circumstances of the case and in law, the notice u/s 153C issued by the assessing officer is illegal and without jurisdiction. The assessing officer has not complied with the provisions of section 153C and other allied provisions for issuance of such notice. Accordingly, the notice u/s 153C along with the assessment order passed on the foundation of such notice are liable to be quashed and CIT(A) erred in not holding so.

3. On the facts and circumstances of the case and in law, the satisfaction note(s) recorded u/s 153C of the Act are bad-in-law and without jurisdiction and, accordingly, the assessment proceedings initiated on the foundation of such satisfaction note(s) and also the consequent assessment order passed are liable to be quashed and CIT(A) erred in not holding so.

4. On the facts and circumstances of the case and in law, the addition of Rs. 3,99,01,662/- made by the assessing officer on account of disallowance of purchases u/s 37 of the Act, is beyond the scope/jurisdiction of provisions of section 153C read with section 153A of the Income Tax Act,