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TMI Blog2019 (3) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... l Ltd. group is engaged in the manufacturing and trading of Chewing Tobacoo and premium pan masala besides other businesses. A search and seizure action u/s 132 of the Act was carried out on 21.01.2011 in the Dharampal Satyapal group of cases. The assessee, who is a Director in the group, had during the year earned income from salary, business and profession and other sources and the return of income was filed at an income of Rs. 56,99,270/-. The assessee's residence was also covered in the search as carried out on 21.01.2011. During the course of search at the assessee's residence, cash of Rs. 21,00,000/- was found and unexplained cash of Rs. 17,50,000/- was seized. In the return filed by the assessee, this amount of Rs. 17,50,000/- was ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttention to the copy of statement recorded during the course of search. It was also submitted that the surrender of this amount was not made by the assessee during the course of search but was surrendered as income in the return of income filed. It was further submitted that the return filed by the assessee was accepted by the AO and no further additions were made. The Ld. Authorised representative placed reliance on the judgment of Hon'ble Delhi High Court in the case Pr. Commissioner of Income Tax vs. Emirates Technology Pvt. Ltd. reported (2017) 399 ITR 189 (Delhi) and submitted that the Hon'ble Delhi High Court had in this case upheld the order of the Tribunal holding that where no query is raised by the assessing officer regarding the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts of this case, it is our considered opinion that the rigours of section 271AAA will not be attracted. The judgment of the Hon'ble Delhi High Court in the case of Ritu Singhal will not be of any help to the department as in this case the assessee had surrendered a certain amount as undisclosed income in the statement recorded during the search proceedings and had, thereafter, not substantiated the manner in which the undisclosed income was earned. However, in the present case, there was no surrender by the assessee and the seized cash was included in the computation of income and offered for tax which was duly accepted by the AO without any further query. We also note that this case is covered in favour of the assessee by an order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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