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TMI Blog2017 (6) TMI 592X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst the order of Ld. CIT (A)-VI, New Delhi dated 21.02.2014 and pertains to assessment year 2003-04. 2. Brief facts of the case are that a search and seizure operation u/s 132 of the Income Tax Act, 1961 ( the Act ) was conducted on 15th December 2004 in the Brij Mohan Gupta group of cases. During the course of search proceedings, certain documents and books of accounts were seized from the residential premises from Shri Brij Mohan Gupta and from the residence of Shri Ram Avtar Singhal, Accountant of Shri Brij Mohan Gupta. As per the seized documents, as appearing in Annexure A-5 of Para H-4, it was the AO s observation that the assessee Smt. Abha Gupta, during the assessment year, had advanced cash loan to the tune of ₹ 31 lakh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee and, therefore, the Assessing Officer was not justified in initiating action u/s 153A of Act. The Ld. CIT (A) also observed that the Assessing Officer was free to take proper remedial action as provided in the statute. 4. Subsequently, a notice u/s 148 was issued to the assessee and since no compliance was made to the notice, the Assessing Officer proceeded to complete the assessment u/s 144 r.w.s. 148 of the Act by adding back ₹ 20 lakh u/s 69A of the Act. The Assessing Officer also brought to tax ₹ 1,48,967/- on account of interest earned on alleged advances. 5. Aggrieved, the assessee again approached the Ld. CIT (A) challenging the initiation of reassessment proceedings u/s 148 as well as challenging the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inter alia, filed an affidavit before the Ld. CIT(A) that she had never given any amount to Shri Brij Mohan Gupta or for that matter to anybody else for any investment and that the name of Abha Gupta in Annexure A-5 of Para H-4 had no relation or connection whatsoever with her and that the said entry was not related to her. It was submitted that the Ld. CIT (A) had completely disregarded this affidavit and had confirmed the addition. It was further submitted that in a related case of Shri Rajeev Gupta s/o Shri Brij Mohan Gupta, where cash loans were allegedly advanced and interest earned, the Assessing Officer had made additions of ₹ 21 lakh in assessment year 2000-01 and ₹ 31 lakh in assessment year 2002-03 which were deleted b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We have heard the rival submissions and have perused the relevant material on record. A perusal of the orders of the ITAT in the case of Shri Rajiv Gupta for assessment years 2000-01 and 2002-03 in ITA Nos. 1304 1305/Del/09 shows that identical issue was before the ITAT Delhi E Bench in that case. It is undisputed that the assessee also belongs to Shri B.M. Gupta group of cases in which the search was carried out on 15.12.2004. In the said order the relevant findings of the ITAT are found in Para 8 and 9 which are being reproduced here-inunder for a ready reference:- We feel that before deciding as to whether the seized documents belongs to this assessee also or not, we should decide as to whether the name of Rajiv Gupta appearin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the name mentioned in the seized document is of the assessee. Before us also, Ld DR of the revenue could not point out any basis for holding that the name mentioned in the seized paper is of the assessee only particularly when the assessee is objecting the same and this possibility cannot be ruled out that this name may be of some other person because there may be several persons by name of Rajiv Gupta . Under these facts, we are of the considered opinion that it cannot be held that the name appearing in the seized document is of the assessee only. No purpose will be served even if we restore this matter back to the Assessing Officer since much time has elapsed. Under these facts, the addition may by the Assessing Officer cannot be sust ..... X X X X Extracts X X X X X X X X Extracts X X X X
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