This article provides a comprehensive analysis of the legal proceedings and final judgment in the case of Poonam Yadav vs. DCIT, CC, Ghaziabad, documented as ITA 1119/DEL/2021. The case revolves around the assessment year 2015-16, with the final tribunal order pronounced on October 10, 2022.
The appellant, Poonam Yadav from Noida, contested the assessment made by the respondent, the Deputy Commissioner of Income Tax (DCIT), Central Circle (CC), Ghaziabad. The case was filed on September 14, 2021, under the Final Tribunal Order type, challenging the assessment for the year 2015-16.
The case was heard by the Delhi Bench ‘G’, New Delhi, comprising Sh. Anil Chaturvedi, Accountant Member, and Shri Kul Bharat, Judicial Member.
The proceedings included several appeals, including those from Ecstasy Buildcon Pvt. Ltd. and other related parties. The key issues raised involved the applicability of Section 153C, the assessment’s validity, and the addition of unexplained investments based on documents seized from a third party.
Poonam Yadav raised several grounds of appeal challenging the assessment’s validity and the additions made under various sections of the Income Tax Act. The main grounds included:
The appellant’s counsel argued that the seized documents were not incriminating and did not pertain to the relevant assessment year. They contended that the assessments were made without proper satisfaction and were, therefore, invalid. The appellant also argued that the additions were based on estimates and assumptions without concrete evidence.
The tribunal examined the documents and arguments presented by both parties. The key findings included:
The tribunal concluded that the assessments made under Section 153C were beyond jurisdiction and invalid. The additions made under Sections 68, 69B, and 69C were not sustainable due to lack of concrete evidence. The appeal was partly allowed, providing significant relief to the appellant, Poonam Yadav.
This case highlights the importance of concrete evidence and proper procedures in tax assessments and appeals. It also underscores the tribunal’s role in ensuring fair and just adjudication of tax disputes.
Poonam Yadav vs. DCIT, CC, Ghaziabad: Assessment Year 2015-16
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