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TMI Blog2016 (9) TMI 1333X X X X Extracts X X X X X X X X Extracts X X X X ..... has been no reference to any incriminating document in respect of the addition made by the Assessing Officer. The Assessing Officer has completed the assessment and made addition without there being any seized material / documents. The case of the assessee is squarely covered by the decision of CIT Vs Kabul Chawla (supra). For the reasons set out above, we uphold that legal issue raised by the assessee in the cross objection and hold the impugned assessment as null and void. - Decided in favour of assessee. - I.T.A. No.5150/Del/2013 - - - Dated:- 9-9-2016 - SHRI J. S. REDDY, ACCOUNTANT MEMBER AND SMT. BEENA A. PILLAI, JUDICIAL MEMBER For The Appellant : Shri Ashok Jain, CA Shri Ashu Goel, CA For The Respondent : Shri Minish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts and provision of law as such the action of Ld. CIT(A) need to be undone and the addition made by Ld AO and confirmed by CIT(A) needs to be deleted. 5. That on the facts and circumstances the Ld Commissioner of Income Tax (Appeals) is not justified in confirming the action of Ld. AO in rejecting the method of valuation of WIP of petal project consistently followed by the assessee and accepted by the department in earlier and subsequent assessment years and making addition of ₹ 3,42,79,320/- on this account which is contrary to principles of natural justice, facts and provision of law as such the action of Ld. CIT(A) need to be undone and the addition made by Ld AO and confirmed by CIT(A) needs to be deleted. 6. That o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce certificate was issued in the name of M/s Vipul Infrastructure Developers Ltd. and all the installments have been paid by M/s Vipul Infrastructure Developers Ltd. and not by the assessee company. 5 On the facts and in the circumstances of the case, the CIT(A) has erred in admitting additional evidence without following Rule 46A as laid down by the Hon'ble Delhi High Court in the case of Manish Build Well Pvt. Ltd. 204 Taxman 106. 6 The order of the CIT(A) is erroneous and is not tenable on facts and in law. 2. At the outset, Ld. A.R. submitted that in the appeal filed by the assessee, ground Nos.1, 2 7 are general in nature. Grounds No.2 3 are legal issues challenging the validity of the assessment proceedings u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etails and record placed before us vis- -vis the rival contentions raise by the Ld. A.R. The legal dispute raised by the assessee is, As to whether on a completed assessment, can there be addition in subsequent assessment proceedings initiated u/s 153A pursuant to search, without there being any incriminating material? As per the ratio laid down by Hon'ble Delhi High Court in case of Kabul Chawla (supra), only pending assessment can abate and completed assessment remain unaffected unless Assessing Officer has any seized material that can justify the addition. 7. In this case, return of income for the year under consideration was filed on 06.11.2007 has attained finality on passing the assessment order u/s 143(3) on 30.12.2008. As it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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