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TMI Blog2017 (11) TMI 1219X X X X Extracts X X X X X X X X Extracts X X X X ..... prior to the search and the last date of issue of notice under section 143(2) had already expired on the date of search. Therefore, on the date of search on 22nd March, 2010, no assessments were pending for assessment years under appeals. In the facts and circumstances of the case, it is clear that A.O. was not justified in invoking the provisions of Section 153A of the Act against the assessee. Direction under section 150(1) should be issued for taxing this amount under section 148 as submitted by DR? - Held that:- We are afraid to accept this contention of the Ld. D.R. because it is the sole prerogative of the A.O. to initiate re-assessment proceedings after satisfying the conditions of Section 148 and recording the reasons for the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 05.11.2014. The same appeals were handed over to the Counsel to file the same before the Tribunal who filed the appeals on 14.11.2014. In the process there is a delay of 03 days. Considering the explanation of assessee, we are of the view that nominal delay in filing the appeals shall have to be condoned. We are satisfied with the explanation of assessee that assessee was prevented by sufficient cause in not filing the appeals within the period of limitation. The delay in filing all the appeals are condoned. 4. Briefly the facts of the case are that search and seizure operation under section 132 of the I.T. Act was carried out at various business and residential premises of the Directors and important employees of the Pearl Group on 22. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e three additions before the Ld. CIT(A) on merits. The assessee also challenged the order of the A.O. under section 153A of the I.T. Act because no addition could be made in the absence of any incriminating material found during the course of search. The Ld. CIT(A) noted from the assessment order that it appears that there is no incriminating evidence found during the course of search relating to additions under section 68 of the I.T. Act. The Ld. CIT(A) followed the decision of the Hon ble Delhi High Court in the case of CIT vs. Anil Kumar Bhatia in ITA.No.1626, 1632, 1998, 2006, 2010 and 2020 of 2010 dated 07.08.2012, that the A.O. has full power to assess total income under section 153A irrespective of incriminating evidence for each one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue is covered in favour of the assessee by the Judgment of the Hon ble Delhi High Court in the case of CIT vs. Kabul Chawla 380 ITR 573. 8. On the other hand, Ld. D.R. relied upon the orders of the authorities below. The Ld. D.R. submitted that Revenue has already made a request to the effect that in case the Tribunal comes to a conclusion that this addition cannot be made under section 153A, then a direction under section 150(1) should be issued for taxing this amount under section 148 of the I.T. Act, 1961. Such point can be raised orally at the time of hearing if it goes to root of the matter. 9. We have considered the rival contentions. The Hon ble Delhi High Court in the case of CIT vs. Kabul Chawla 380 ITR 573 held as under : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no incriminating evidence found during the course of search relating to the additions under section 68 of the I.T. Act. The issue is therefore, covered in favour of the assessee by the judgment of the Hon ble Delhi High Court in the case of CIT vs. Kabul Chawla (supra). Same view is taken by Hon ble Delhi High Court in the case of CIT vs. Meeta Gutgutia 395 ITR 526 following its earlier decision in the case of Kabul Chawla (supra). In view of the above, we set aside the orders of the authorities below and delete all the additions under section 68 of the I.T. Act in the proceedings under section 153A of the I.T. Act in all assessment years under appeals. 11. The Ld. D.R. further contended that in case appeals are decided against the Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X
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