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TMI Blog2020 (7) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 153A of the I.T. Act, 1961. No incriminating material is produced before us so as to indicate any infirmity in the Order of the Ld. CIT(A) for deleting the addition. As decided in KABUL CHAWLA [ 2015 (9) TMI 80 - DELHI HIGH COURT] Completed assessments can be interfered with by the A.O. while making the assessment under section 153A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment. Also see MEETA GUTGUTIA PROP. M/S. FERNS N PETALS [ 2017 (5) TMI 1224 - DELHI HIGH COURT] - ITA.No.6180/Del./2018, Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 132/133A of the I.T. Act were conducted on 08.07.2015 and subsequent date in the case of assessee along with other cases of M/s. K.R. Pulp and papers Ltd., Group at various residential and business premises. Notice under section 153A was issued on 03.03.2017. During the course of search operation various incriminating documents were found and seized which indicates M/s. K.R. Pulp and papers Ltd., and its group received bogus capital and share premium from nondescript companies based in Kolkata. The assessee company is one of the company of M/s. K.R. Pulp and papers Ltd., which is managed and controlled by Shri Madho Gopal Agarwal and Shri Raj Gopal Agarwal and Shri Sri Gopal Agarwal. Statement of Shri Gopal Agarwal was recorded on 08.07.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, no addition could be made. The appeal of assessee was allowed. 3. The Revenue is in appeal. The assessee has also filed cross objection in support of the Order of the Ld. CIT(A) as well as challenging that the assessment framed is not in accordance with Law because approval obtained under section 153D has been granted without application of mind. 4. We have heard the Learned Representatives of both the parties through video conferencing and perused the material available on record. 5. The Ld. D.R. relied upon the Order of the A.O. 6. On the other hand, Learned Counsel for the Assessee reiterated the submissions made before the authorities below and referred to PB-3 which is copy of the acknowledgment of return of income file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed or not already disclosed or made known in the course of original assessment 7.1. The Hon ble Delhi High Court in the case of Meeta Gutgutia (supra) has held as under : 69. What weighed with the Court in the above decision was the habitual concealing of income and indulging in clandestine operations and that a person indulging in such activities can hardly be accepted to maintain meticulous books or records for long. These factors are absent in the present case. There was no justification at all for the AO to proceed on surmises and estimates without there being any incriminating material qua the AY for which he sought to make additions of franchisee commission. 70. The above distinguishing factors in Dayawanti Gupta (s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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