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TMI Blog2016 (6) TMI 1202X X X X Extracts X X X X X X X X Extracts X X X X ..... can be made in the assessment being framed u/s 153A, when there is no incriminating material or assets seized during the course of search. The finding of photocopies in the possession of a searched person does not necessarily mean and imply that they “belong” to the person who holds the originals - Possession of documents and possession of photocopies of documents are two separate things - Decided in favour of assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the hotel of the assessee company. In the revised return filed on 26/10/2010, the assessee has shown surrendered income of ₹ 2,93,87,834/- which includes the balance additional income of ₹ 1 crore, which was offered during search. In other words, the assessee and Shri Rakesh Kumar Garg (Main Promoter of the assessee company) have shown additional income of ₹ 10,00,00,000/- as surrendered during the search proceedings. 5. During the assessment year 2008-09, the assessee company received a sum of ₹ 100 crore from M/s Pramerica ASPF II Cyprus Holding Limited, 11, Florinis Street City Forum, 7th Floor, 1065, Nicosia, Cyprus on account of 4% fully & Mandatory Convertible Debentures. During the year, the assessee com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant passed without satisfying the substantive and procedural requirements under section 153C of the Income tax Act. 2. Without prejudice to the other grounds of appeal, the Ld. CIT (A) has erred on facts and in law in confirming the assessment order under section 143(3) of the Income tax Act, 1961 passed with the approval of the Additional CIT, Range-Ill, New Delhi vide his letter F. No. Addl. CIT (CR)-111/2010-11/814 dated 27.12.2010 when law does not stipulate any such approval. 3. Without prejudice to the other grounds of appeal, the Ld. CIT (A) has erred on facts and in law in confirming the additions which were not based on the incriminating material found and seized during the course of search. 4. Without prejudice to the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench of the Tribunal in the case of the group concern M/s Natural Product Bio Tech Ltd. (Placed in the Paper Book at Page number 7 to 22) wherein the co-ordinate Bench of the Tribunal treated the order for the year of search as order passed u/s 153C. 9. The Ld. AR further submitted that the Department raised this specific issue in the appeal before Hon'ble Delhi High Court that that the order for AY 2009-10 was not even passed u/s 153C so the order of the Tribunal was erroneous therefore, needed to be set aside. It was further submitted that considering this direct precedent in the assessee group itself, the assessment order under appeal though ostensibly similarly stated to have been passed u/s 143(3) should be considered to have bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 28lh November 2014 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA No. 3086/Del/2013 for the Assessment Year ('AY') 2009-10. The question sought to be urged is whether the ITAT was correct in upholding the order of the CIT (A) that since the requisites of Section 153-C of the Act were not satisfied and the assessment proceedings stood vitiated. 2. On 14th August 2015, this Court passed an order in the present appeal, the relevant portion of which reads as under: "3. The point urged by the Revenue in this Appeal against the order dated 28th November, 2014 of the ITAT in ITA No. 20861 DEL/2013 pertaining to the Assessment Year ('AY') 2009-10 is that the Assessment itself was framed only under Section 143 (3) o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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