DCIT Vs Sh. Pankaj Jain (ITAT Delhi)
The Revenue filed seven appeals for AYs 2014-15 to 2020-21 challenging the CIT(A)’s deletion of protective additions made under Section 153C read with Section 144C following a search in the Sanjay Jain group.
The Tribunal noted that the corresponding substantive assessments in the hands of Mr. Jain had already been quashed by the CIT(A), and the Tribunal had upheld that decision on 22.04.2026 on the ground that no incriminating material was found or seized during the search.
Relying on the jurisdictional Delhi High Court decision in PCIT Vs. Electrical and Electronics India Pvt. Ltd., the Tribunal held that the protective additions could not survive once the corresponding substantive additions had been quashed.
Accordingly, the Tribunal upheld the CIT(A)’s orders deleting the protective additions and dismissed all seven Revenue appeals.
FULL TEXT OF THE ORDER OF ITAT DELHI
These Revenue’s seven appeals ITA Nos. Nos.1042 to 1048 /Del/2026 for assessment years 2014-15 to 2020-21, arise against the Commissioner of Income Tax (Appeals) [in short, the “CIT(A)”], Delhi’s orders dated 06.11.2025 (in AYs 2014-15 & 2015-16), 08.11.2025 (in AY 2016-17) and 10.11.2025 (in AYs 2017-18 to 2020-21) having DINs and orders no. ITBA/APL/S/250/2025- 26/1082344369(1), 1082345345(1), 1082406180(1), 1082419911(1), 1082420387(1), 1082420965(1) and 1082421377(1), involving proceedings under section 153C r.w.s. 144C of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’); respectively.
