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TMI Blog2016 (8) TMI 464X X X X Extracts X X X X X X X X Extracts X X X X ..... cer on account of surrender made by the assessee under section 132(4) of the Income tax Act, 1961 during the course of search on 31.07.2009 as well as during post search proceedings on 17.09.2009 under section 131 of the Income tax Act, 1961. 2. On the facts and in the circumstances of the case, the CIT (A) has erred in deleting this addition without appreciating the facts of the case that despite the surrender was made by the assessee itself under section 132(4) of the Income tax Act, however, the same was not disclosed in the return of income filed under section 153A of the Income tax Act, 1961, and no tax was paid on it accordingly. 3. On the facts and in the circumstances of the case, the CIT(A) has erred in deleting this addition w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... New Delhi - 110 002 which was also covered u/s. 132(1) of the Income Tax Act, 1961. The case was centralized with this Circle by order u/s. 127 of the Act and accordingly notice u/s. 153A of the Act was issued to the assessee on 5.1.2010. In response to the same, return declaring an income of Rs. 17,60,947/- was filed on 31.5.2010. Notice u/s 143(2) and 142(1) of the Act, 1961 were issued alongwith a questionnaire dated 14.9.2010. Due to change of Officer, fresh Notice again issued on 26.6.2011 for 8.7.2011. In response to various statutory notices, Authorised Representative of the assessee attended the proceedings from time to time and furnished necessary details, information and documents. After considering the documents/ material filed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pers Pvt. Ltd. passed in ITA No. 3238/Del/2013 (AY 2010-11); 3239/Del/2013; 3240 & 4341/Del/2013 (AY 2010-11 & 2009-10) respectively and stated that in the related group of cases similar issue has been dealt by the Tribunal and the addition in dispute has been deleted. Accordingly, he requested that by following the ITAT order and by upholding the Ld. CIT(A)'s order, Appeal of the Revenue may be dismissed. 7. We have heard the both parties and perused and considered the relevant records available with us especially the impugned order passed by the Ld. CIT(A). We find that Ld. First Appellate Authority has elaborately discussed the issue in dispute by considering the submissions of the assessee and adjudicated the issue in dispute at pages ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons are recorded in books of accounts and some parts are unaccounted. Ld AR has argued that entire seized document was examined during post search and assessment proceeding and no incriminating material was found. Subsequent statements were recorded in the Investigation Wings as mentioned in the assessment order. However no question was asked in furtherance of the statement regarding the contents of seized document. During original statement also subsequent details of work-in-progress, such as address, quantum of work done, accounted work-in- progress and undisclosed work in progress were not asked for. The appellant company during post search proceeding has twice informed the Investigation Wing that the surrender of workin- progress is mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rough the findings of the Ld. CIT(A) as mentioned in para no. 7 as aforesaid, as well as respectfully following the findings of the ITAT order, as mentioned in para 7.1 above on the issue in dispute, we are of the view that the neither the Investigation Wing nor the Assessing Officer has correlated any seized document with the surrender of unaccounted receipt. After considering entire facts and circumstances of the case and respectfully follow the judicial pronouncements, as discussed in ITAT order dated 16.2.2016 in the group cases of DCIT vs. Ramprastha Builders Pvt. Ltd. & Ors. case, we uphold the order of the Ld. CIT(A) on the issue in dispute and dismiss the Appeal filed by the Revenue. 8. In the result, the appeal of the Revenue is d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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