9911796707
TMI Blog2019 (9) TMI 311X X X X Extracts X X X X X X X X Extracts X X X X ..... U/s 153A (a) r.w.s 153C dt 01.08.2008 and assessment order passed U/s 153A are illegal, bad in law and without jurisdiction hence the assessment order passed u/s 153A dt 31.12.2009 is liable to be quashed. ii. That the Block Assessment order passed by the AO for AYs 2002-03 to 2.007-08 is illegal, bad in law and without jurisdiction as there is no power / authority to pass Block Assessment after 31.05.2003 as provided in the provisions of section 158BI. iii. That in view of the facts and circumstances of the case the Assessing Officer has erred on facts and in law in making the addition/disallowance without there being any incriminating material found during the proceedings U/s 132A and the CIT(A) has erred in law and on facts in uphol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ongly and illegally charged. The appellant has not committed any default of payment of Advance tax as it could not have anticipated such additions while estimating the current income. x. That the CIT(A) has erred in law and on facts in non-quashing of penalty proceedings u/s 271(1 )(c) which is wrongly initiated by the AO. 3. Grounds of appeal of ITA No.6783/Del/2011are as under:- i. That, the notice issued u/s 271 (1) (c) and order imposing penalty of Rs. 25,24,500.00 under said section are illegal, bad in law, and without jurisdiction. ii. That, the A O has failed to appreciate that no satisfaction was recorded before initiation of penalty proceedings U/s 271 (l)(c) and as such the notice issued U/s 271 (l)(c) and the penalty order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce has been made merely on the basis of rejection of explanation of the appellant and no material has been brought on record by the AO in support of said addition / disallowance hence no penalty U/s 271 (1 )(c) could be levied on the basis of such a disallowance. ix. That, the submissions filed have not been considered judicially. The impugned order is passed without any application of mind. 4. The assessee is limited company deriving income from manufacturing of M.S. Bar, Tor and TMT. Return declaring income of Rs. 55,53,620/- was filed on 29/11/2009. On the basis of information that an amount of Rs. 92,55,000/- was seized by S.H.O. Kairana from possession of one Shri Naveen Chand Jain. The CIT, Muzaffarnagar issued warrant u/s 132A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The assessee also furnished copy of tax audit report, balance sheet and Profit & Loss Account, copy of assessment orders for Assessment Years 2003-04, 2004-05, 2005-06 and 2006-07 along with details of returned and assessed income. During the course of assessment proceedings, it was observed by the Assessing Officer that the cash found in possession of one Sh. Naveen Kumar Jain on 15/02/2008 by the police could not be explained by the assessee. In the assessment proceedings, for AY 2008-09, the assessee surrendered the sum of Rs. 92,55,000/- and the same had been added to the income of the assessee u/s 69A of the Act as unexplained money. The Assessing Officer held that action u/s 132A of the Act was validly taken by the CIT, Muzaffarnagar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sitioned actions u/s 132/132A of the Act. The jurisdictional notice u/s 153A and section 153C was issued in consolidated manner and final assessment for all years was made u/s 153A of the Act, which is not permissible under the provisions of Income Tax Act, 1961. So entire proceedings gets vitiated as for making valid assessment u/s 153A, valid authorization of requisitioned prescribed form 45C of the Act against the assessee is most important which missing in present case. The Ld. AR further submitted that whole addition is based on documents found from survey on assessee on 28/03/2008. This cannot be made u/s 153A of the Act on the basis of purported requisitioned u/s 132A which has no linkage to the sole addition made and thus addition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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