Akansha Gupta Vs ACIT (ITAT Delhi)
ITAT Delhi held that in respect of assessment proceedings u/s. 153C of the Income Tax Act, block period of six assessment years has to be reckoned from date of receipt of seized documents.
Facts- A search and seizure action was carried out on 06.01.2021 in the cases of Hans Group/Praveen Jain/Janco Limited and the close associates and few transacting parties with whom the assessee Ms. Akansha Gupta had entered into unaccounted cash transactions.
According to the AO, during the course of search action u/s 132 of the Act, certain documents/digital evidences in from of clone data of Praveen Kumar Jain’s mobile were seized. In this clone data, a Kachi Parchi was found from where the AO found evidence of receipt of unaccounted cash of Rs.94 lakhs and payment of commission of Rs.2.50 lakhs in respect of sale of a property by the assessee to Ms. Navita Malhotra and Shri Gurdeep Singh. AO passed an assessment order u/s 143(3) determining total income at Rs.1,60,17,760/- after making an addition of Rs .94,00,000/- towards undisclosed sales consideration and Rs. 2.50 lakhs as unexplained expenditure.
CIT(A) confirmed the same. Being aggrieved, assessee has preferred the present appeal.
Conclusion- Coordinate Bench of the Tribunal in the case of Jasjit Singh has held that the date of receiving of the seized documents would become the date of search and six years period would be reckoned from this date.
