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TMI Blog2012 (12) TMI 777X X X X Extracts X X X X X X X X Extracts X X X X ..... e result of search operation u/s. 132 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') in the case of Sanjay R Shah and Meeghmani Group therefore all have been heard together and are being disposed of by this consolidate order for the sake of convenience. We take up assessee's appeal in IT(SS)A No.100/Ahd/2010 (A.Y.06-07) 2. The assessee has raised the following grounds of appeal:- "1. In law and in facts and circumstances of the appellant's case, the order passed by CIT(A) is bad in law and deserves to be cancelled as he has passed an order without considering and appreciating the facts of case of appellant. 2(a) In law and in the facts and circumstances of the appellant's case, the provisions of the Income Tax Act un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay R Shah and Meeghmani Group by issuing a warrant of authorization u/s. 132 of the Act on 26-09-2005 and various documents/ books of account other valuable articles were found and seized from the various premises covered u/s. 132(1) and 132(1A) of the Act. A notice u/s. 143(2), 142(1) of the Act along with detailed questionnaire was issued on 20-08-2007 and served by speed post upon the assessee in order to finalize the assessment u/s.153C r.ws. 153A rws 153b(1)(b) of the Act. Thereafter the Assessing Officer finalized the assessment proceedings u/s. 144 rws 153A rws 153C rws 153B(1)(b), whereby a sum of Rs.4,78,535/- was added on account of Long Term Capital Gains (LTCG for short) and Rs.96,000/- on account of household expenses. Against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the I.T. Act, when no such interest is chargeable. It may be deleted. 9. In law and on the facts and circumstances of the case, the learned Assessing Officer has grossly erred in initiating the proceedings for the levy of penalty u/s. 271(1)(c) when no such penalty is leviable. He may be directed to withdraw such proceedings. 10. In law and on the facts and circumstances of the case the ld. Assessing Officer has grossly erred in initiating the proceedings for the levy of penalty u/s. 271(1)(c) when no such penalty is leviable. He may be directed to withdraw such proceedings." After considering the facts Ld. CIT(A) party allowed the appeal of assessee. 4. The assessee feeling aggrieved by this order of Ld. CIT(A) filed second app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cultural land of block Nos. 95, 96 and 113, sold to Shri Lalitbhai K Patel and Shri Kantibhai M Patel on 12-5-2005. The Assessing Officer has mentioned in his order that as a result of search at Meghmani Group, various documents were found and seized from the residential premises of Shri Lalitbhai K Patel and Shri Kantibahi M Patel. Out of the said seized documents, page No.94 of Annexure-A/4 contained the details of sale consideration received by the assessee was much more than the amount disclosed in their return of income and in the statement recorded u/s. 132[4] of the Act on 22-9-2005 of Shri Lalitbhai K Patel, son of Shri Kantibhai M Patel has admitted that the transactions recorded on page No.94 of Annexure A-4 are true and correct. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is also submitted that on the basis of noting of the third party and without bringing on record, the actual flow of cash from such party to the assessee's group, the addition made by the Assessing Officer deserves to be deleted." Ld. CIT(A) has decided this issue in para 4 to 6 of his order, same is reproduced hereinbelow for the sake of clarity:- "4. The appellant has challenge the constitutional validity of the provisions of section 153A/153C itself. As held in the case of Shri Dhananjay Kumar, the CIT(A) is not the proper forum to decide on the constitutional validity of the statutory provisions. Hence this legal objection cannot be entertained and the related ground of appeal is rejected. 5. The facts and the circumstances as wel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustice, we remit back this matter to Ld. CIT(A) to decide afresh after providing reasonable opportunity of being heard to assessee. The appeal of assessee is allowed for statistical purposes. 8. In the result, assessee's appeal is allowed for statistical purposes. 9. Since the common issues are involved in these appeals of assessee in IT(SS)A No. 102 to 107/Ahd/2010 and taking a consistent view in terms of IT(SS)A No.100/Ahd/2010, all the appeals are remitted back to the file of Ld. CIT(A) for fresh decision after providing reasonable opportunity of being heard to assessee. 10. In the result, assessee's appeals are allowed for statistical purposes. 11. Next ground in IT(SS)A No.103/Ahd/2010 has raised by assessee as under:- "4. In law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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