9911796707
TMI Blog2017 (11) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... e cross appeals pertaining to assessment year 2007 - 08. ITA No. 5185/DEL/2014 has been preferred by the assessee against the order dated 16/07/2014 passed by the Ld. Commissioner of Income Tax (Appeals) - XXXII, New Delhi whereas ITA No. 5478/Del/2014 is the Department's cross appeal. 2. The brief facts of the case are that the assessee is an individual deriving income from salary and other sources. A search and seizure operation under section 132 of the Income Tax Act, 1961 was conducted by the investigation wing of the Department in Nussli (Switzerland) Ltd group of cases on 19/10/2010 and simultaneously the assessee's premises were also searched. The case of the assessee was centralised under section 127 of the Income Tax Act, 1961. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in making addition of ₹ 2,90,000/- on account of foreign travel u/s 69C of Income Tax Act, 1961. 2. That in any case and in any view of the matter, action of Ld. CIT(A) in confirming the action of Ld. AO in making addition of ₹ 2,90,000/- on account of foreign travel is bad in law and against the facts and circumstances of the case and in any case impugned addition is beyond the scope and jurisdiction of the impugned assessment order. 3. Without prejudice to the above grounds, additions/disallowances could not have been made in the present appeal because no incriminating material has been found as a result of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ancial year 2010 - 11 and the year under consideration was assessment year 2007 - 08. Our attention was drawn to pages 1 and 2 of the paper book which contain copy of computation of income and acknowledgement of return showing that the return of income was filed on 31/03/2008 under section 139 (4) of the Income Tax Act, 1961 and, thus, which had attained finality on 31/03/2009. It was further submitted that perusal of the assessment order would show that all the three additions were made in absence of any incriminating material having been found during the course of search upon the assessee. Our attention was drawn to pages 3 and 4 of the paper book which is assessee's reply dated 23/10/2012 filed before the assessing officer pointing out t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s contrary to law. It was also submitted that ITAT Delhi bench in assessee's own case for assessment year 2006 - 07 had allowed the assessee's appeal on identical facts and following the judgement of the Hon'ble Delhi High Court in the case of CIT versus Kabul Chawla (supra) in ITA No. 495/Del/2015 vide order dated 21st of January 2016. It was submitted that in view of the legal precedents as well as the undisputed fact that no incriminating material was found during the course of search, the impugned order was liable to be quashed. 5. In her rival submissions, the Ld. CIT DR, although supported the orders of the authorities below, could not controvert the aforesaid contentions of the Ld. authorised representative for the assessee. 6. We ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
