ACIT Vs. SERAJUDDIN & CO.

JUDGEMENT

(1.) These appeals by the Revenue are directed against a common order dtd. 21/1/2022 passed by the Income Tax Appellate Tribunal (ITAT), Cuttack Bench, Cuttack in the appeals filed by the Respondent-Assessee and the Revenue against separate orders of the Commissioner of Income Tax (Appeals) [CIT(A)], Bhubaneswar dtd. 28/2/2013 for the assessment years (AY) 2003-04 to 2006-07; dtd. 19/2/2013 for the AY 2007-08; dtd. 28/1/2013 for the AY 2008-09 and dtd. 5/2/2013 for the AY 2009-10, respectively, in the matter of assessment under Ss. 143(3)/144/153A of the Income Tax Act, 1961 (Act).

(2.) While admitting the present appeals on 4/8/2022, the following question was framed for consideration:

(3.) The background facts are that a search and seizure operation under Sec. 132 of the Act was conducted in the case of the Assessee and various persons and concerns of the Assessee on 28/5/2008. Notice dtd. 11/3/2010 under Sec. 153A of the Act was served on the Assessee. Notices under Sec. 142 (1) of the Act dtd. 19/5/2010 and reminders dated 1st July and 21/7/2010 were also issued. On 30/12/2010, the Assistant Commissioner of Income Tax (ACIT) Circle-1(2), Bhubaneswar (hereafter, the Assessing Officer-AO) passed assessment orders under Sec. 143(3)/144/153A of the Act making various additions/disallowances.