(AY: 2014-15 to 2018-19 & 2019-20)

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER &

SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA Nos. 6459 to 6463/Del/2025 (Assessment Years: 2014-15 to 2018-19)

Hari Om Prakash Gupta Vs. DCIT, Central Circle-28 HUF, BT-36, Jhandewalan, Shalimar Bagh, New Delhi - 110055 New Delhi – 110088 (cid:725)ायीलेखासं./जीआइआरसं./PAN/GIR No: AAAHH1091N Appellant .. Respondent ITA Nos. 6357 to 6359 & 6361/Del/2025 (Assessment Years: 2014-15 to 2016-17& 2019-20)

DCIT, Central Circle-28 Vs. M/s RameshwarDayal Room No. 327, ARA Educational Trust, Centre, E-2, B-385, 2^nd Floor, JhandewalanExtn. NirmanVihar, New Delhi – 110055 New Delhi - 110092 (cid:725)ायीलेखासं./जीआइआरसं./PAN/GIR No: AAATR8426M Appellant .. Respondent C.O. Nos. 39 to 42/Del/2026 Arising out of ITA Nos. 6357 to 6359 & 6361/Del/2025 (Assessment Years: 2014-15 to 2016-17 & 2019-20)

M/s RameshwarDayal Vs. DCIT, Central Circle-28 Educational Trust, Room No. 327, ARA (AY: 2014-15 to 2018-19 & 2019-20)

O R D E R PER ANUBHAV SHARMA, JM:

These are appeals and cross objections preferred by the Assessee and revenue against the orders of the Ld. Commissioner of Income-tax (Appeals) (hereinafter referred to as the First Appellate Authority or ‘the ld. FAA’ for short) in appeals filed before him against the orders of the ld. Assessing Officer (hereinafter referred to as the Ld. AO, for short) passed u/s 153A/153C of the Income-tax Act, 1961 (hereafter referred to as ‘the Act’).

Further details of the orders of the lower authorities are as under:-

(AY: 2014-15 to 2018-19 & 2019-20)

2. These cases were heard together as the assessee had raised common question of law and the background giving rise to the same question of law. A search and seizure operation was carried out in the Alankit Group of cases on 18.10.2019. Subsequently, the said group of cases were centralized for (AY: 2014-15 to 2018-19 & 2019-20)

assessment and during the course of assessment proceedings of the Alankit Group material/documents allegedly relating to cases of present assessee were found.

3. Allegedly in the case of assessee Hari Om Prakash Gupta and Hariom Prakash Gupta HUF, ledger of one Pradeep Kumar Gupta were found in the laptop of Shri Sunil Kumar Gupta and the excel sheet and ledgers of Pradeep Kumar Gupta from which it was found that assessee had allegedly taken bogus LTCG of share applications.

4. In the case of assessee M/s Rameshwar Dayal Educational Trust it was allegedly found that one Rakesh Sharma runs these institutions and Rakesh Sharma has obtained accommodation entries from Sunil Kumar Gupta.

5. The ld. Counsel appearing for the assessee has primarily submitted that a consolidated satisfaction note has been recorded for initiation of proceedings u/s 153C of the Act in case of all these assessee’s and copy of satisfaction note recorded in the case of search person as well as in case of non-searched person have been provided as part the paper book and ld. Counsel has submitted that the law requires that when the provision of (AY: 2014-15 to 2018-19 & 2019-20)

Section 153C are invoked it is necessary to record the satisfaction as to how material discovered and pertaining to a particular assessment year was likely to have determination of total income for ‘year which was sought to be abated or reopened’ in terms of impugned notices and if the satisfaction note does not record the same proceeding initiated u/s 153C cannot be sustained impugned assessments deserves to be quashed. Reliance in this regard has been placed on the decision in the case of Saksham Commodities Ltd. Vs.

ITO (2024) 161 taxmann.com 485 (Delhi).

6. Ld. Counsel has also submitted that the approval granted u/s 153D of the Act has been granted in a mechanical manner as in the approval the competent authority has mentioned about electronic evidence being accepted as per the comments of assessing officer and there was no independent application of mind by authority grantin