9911796707
TMI Blog2014 (12) TMI 1205X X X X Extracts X X X X X X X X Extracts X X X X ..... see against order of Ld. CIT(A) dated 31.12.2012. The assessee has taken following grounds of appeal: i) That under the facts and circumstances in search asstt. u/s 153A, addition can be made only on the basis of incriminating seized material. Hence, both the additions as per G.N.2 3 below, since, not emanating from search seized material, therefore, should be deleted. ii) That the lower authorities grossly erred in law as well as on merits in making and sustaining ad-hoc addition of ₹ 1 lac by estimating foreign traveling expenses. iii) That under the facts and circumstances, the addition of ₹ 5,72,300/- as unexplained cash deposited in bank on 05.01.2005 is absolutely illegal, unjustified and unsustainable in law a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Raj.)281 ii) CIT Vs Murli Agro Products Ltd. I.T.A.No. 36 of 2009 (Bom.) High Court order dtd 29.10.2010. iii) CIT Vs Chetan Dass Lachman Dass 77 DTR (Del.) 25. iv) CIT Vs Anil Kumar Bhatia 352 ITR 493 (Del.) v) Sanjay Aggarwal I.T.A.No. 3184/Del/2013 vi) PACL India Ltd. I.T.A.No. 2637/Del/2010 vii) Kusum Gupta I.T.A.No. 3312/Del.2009 viii) MGF Automobiles Ltd. I.T.A.No. 4212/Del/2011 ix) Vee Gee Industrial Enterprises I.T.A.No. 1/Del/2011 x) Asha Kataria I.T.A.No. 3105-3107/Del/2011 xi) Merigold Merchandise (P) Ltd. I.T.A.No. 2666/Del/2013 xii) Pradeep Kumar I.T.A.No. 4016/Del/2011 xiii) ACIT Vs Manoj Narain Aggarwal 99DTR (Del.) (Trib) 279 xiv) Parivar Properties (P) Ltd. I.T.A.No. 1011/Del/2013 x ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... our attention was invited to the copy of assessment order in the case of husband of the assessee which was placed at paper book pages 3-5. Regarding the addition of ₹ 5,72,300/-, Ld. A.R. submitted that the amount was deposited out of shagun collected on the occasion of marriage of his son and in this respect, our attention was invited to paper book page 16 where a copy of invitation card was placed. We were also taken to pages 18-27 where complete list of persons who had given shagun were placed. Specific attention was invited to page 27 where it was mentioned that two gifts were received through cheques for which no addition was made. It was submitted that details were submitted before authorities below but they have rejected the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s made without referring to any incriminating material and Ld. D.R. also did not bring to our notice the existence of any incriminating material on the basis of which additions were made. It is an admitted fact that assessment in the present case was not pending and stood completed. Various case laws and various orders of ITAT as relied upon by Ld. A.R. hold that in case of completed assessment the addition u/s 153A can only be made on the basis of incriminating material found during search. Ld. D.R. could not bring any contrary decision by way of any judicial pronouncement in this respect. We hold that in the present case, addition in the absence of incriminating material is legally invalid. Therefore, we held that u/s 153A additions in th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
