9911796707
TMI Blog2021 (3) TMI 654X X X X Extracts X X X X X X X X Extracts X X X X ..... GH COURT] particularly when original assessment had been framed u/s. 143(3) prior to the search in the case of the assessee. Hence, appeal of the assessee for Assessment Year 2007-08 is allowed. For Assessment Year 2012-13, closing balance as on 31/3/2012 was ₹ 9,21,582/- as against opening balance of ₹ 32,70,774/- which categorically states that during the year, the assessee has repaid the advance taken in earlier years. From perusal of the assessment order, he Assessing Officer has over looked these aspects and also taken into account the earlier Assessment Year amounting without giving any detailed reasoning while the same is added to the income of the assessee. From the perusal of the submissions before the CIT(A) we can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act which are not applicable on the facts of the case of the appellant. 3. That on the facts and in the circumstances of the case the Ld. CIT(A) has erred in upholding the addition of ₹ 1, 19, 99, 4507-in proceedings u/s. 153A without there being any incriminating material found/seized during the course of search in the case of the appellant and thus in not applying the judgment of the Hon'ble Delhi High Court in the case of CIT vs. Kabul Chawla (2016) 380 ITR 573 (Delhi) particularly when original assessment had been framed under section 143(3) prior to the search in the case of the appellant. 4. That the learned Commissioner of Income Tax (Appeals) has erred in law as well as on the facts and in the circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the original return and assessed u/s. 143(3). The assessment was completed at total income of ₹ 1,25,19,409/-, after making addition of ₹ 1,19,99,450/- on account of purchase of flat u/s. 2(22) (e) of the Income Tax Act. 4. Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 5. At the time of hearing none appeared on behalf of the assessee despite giving notices. Therefore, we are taking submissions before the CIT(A) as the contentions before us. 6. The Ld. DR relied upon the assessment order and the order of the CIT(A). 7. We have heard Ld. DR and perused all the relevant material available on record. From the perusal of the CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued. The assessment was completed at total income of ₹ 27,07,120/- after making disallowance of interest of ₹ 19,67,201/-. 9. Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 10. As the assessee or the representative for the assessee has not appeared before us, it will be appropriate to take the submissions before the CIT(A) on behalf of the assessee as submissions before us. 11. The Ld. DR relied upon the assessment order and the order of the CIT(A). 12. We have heard Ld. DR and perused all the relevant material available on record. In the present Assessment Year, the assessee had outstanding advance from Galgotia Publications ..... X X X X Extracts X X X X X X X X Extracts X X X X
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