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TMI Blog2018 (2) TMI 1273X X X X Extracts X X X X X X X X Extracts X X X X ..... ent is not valid. The additional ground raised is therefore, allowed in favour of assessee. - ITA No. 6084/DEL/2012 - - - Dated:- 2-1-2018 - SHRI B . P . JAIN, ACCOUNTANT MEMBER AND SHRI C . M . GARG, JUDICIAL MEMBER For The Assessee : Shri Gautam Jain, Adv Shri A . K . Kamal, CA And Shri Lalit Mohan, CA For The Revenue : Shri Atiq Ahmed, Sr . DR ORDER PER B . P . JAIN, ACCOUNTANT MEMBER, This appeal filed by the assessee is directed against the order dated 26.7.2013 of Commissioner of Income Tax (Appeals)-III, New Delhi and relates to assessment year 2009-10. 2. The following grounds of appeal have been raised by the assessee: 1 ) That Ld . CIT ( A ) has erred in not appreciating either the facts and in the circumstances of the case or the provisions of law . He has further erred in passing an order which is bad in law and on facts . 2 ) On the facts and the circumstances of the case, the Ld . CIT ( A ) erred in confirming the action of the AO in disallowing the administrative and other expenses to Rs . 55,03,963 /-. 3 ) While doing so, on the facts and circ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be quashed as such . 2. During the course of hearing, the learned counsel for the assessee contended that the additional ground raised is a legal ground and all facts necessary to dispose off the said grounds are also on record and, therefore, the same be admitted in terms of judgment of Apex Court in the case of National Thermal Power Corporation vs. CIT reported in 299 ITR 383 [SC]. It was also submitted that identical ground was also raised in the case of CIT vs. Jasjit Singh in ITA No. 1436/DEL/2012 dated 5.11.2010 wherein the said ground was admitted and the said decision of the Tribunal stands affirmed by the judgment of the Jurisdictional High Court in the case of CIT vs. Jasjit Singh in ITA No. 337/2015 dated 11.8.2015. The learned DR objected to the aforesaid submissions made by the assessee company. 3. Having considered the rival submissions, we find that the issue raised is purely a legal ground, whose all facts are available on record. The Hon ble Supreme Court in the case of NTCP vs. CIT (supra) has held that where Tribunal is only required to consider a question of law arising from facts which are on record in the assessment proceedings, there is no reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evelopers Pvt . Ltd . is closely associated with the Taneja - puri group of cases as the directors / share holders of this company are closely related to the directors / share holders of Taneja - puri group of cases . Under these circumstances, it is obvious that the seized documents marked as pages 70 to 72, Annexure A - 2 of Party A - 2 belong to M / s Ridgeview Developers Pvt . Ltd . In view of the above facts, I am satisfied that the books of accounts and documents belonging to the assessee company have been found and seized during the course of search u / s 132 ( 1 ) of the Income Tax Act, 1961 carried out at 9, K . G . Marg, New Delhi, the residence of Sh . Ravinder Kumar Taneja and office premises of various TDI group of companies . In the light of the above, I am satisfied that the above case is a fit case for issuing notice u / s 153C of the Income Tax Act, 1961 as the seized documents mentioned above belong to M / s Ridgeview Developers Pvt . Ltd . being a person other than a person in whose case the search has been initiated . 7. It is apparent from the above that since the date of satisfaction note ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was transferred to the AO having jurisdiction for the assessment on the assessee . Taking into account the date 16 / 06 / 2009 as date of search in the case of the assessee, the contention of the ld . AR remained that the search year in the case of assessee would be A . Y . 2010 - 11 and six previous assessment years would be 2009 - 10 to 2004 - 05 . In other words, the regular assessment u / s 143 ( 3 ) of the Act in the present case should have been framed for the assessment year 2010 - 11 and the assessment for the assessment year under consideration should have been framed u / s 153C read with 143 ( 3 ) of the I . T . Act . In support the above cited decisions were relied upon by the ld . AR . 9. The aforesaid decision stand affirmed by the Hon ble High Court of Delhi in the case of CIT vs. Jasjit Singh (supra) wherein vide judgment dated 11.8.2015, it has been held as under: 5 . It may be noted that in the present case satisfaction note was prepared by the AO on 25th February 2010 . Consequently, the finding of the ITAT in the present case that the assessment made under Section 143 ( 1 ) of the Act f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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