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TMI Blog2022 (2) TMI 435X X X X Extracts X X X X X X X X Extracts X X X X ..... cts in passing the appellate order on CF6/03/2018 though she was undertaking appellate proceedings in the case of the , appellant till 26/03/2018 by issuing query letters and seeking information, the replies of which do not find place in the appellate order. Thus, the appellate order is totally void ab initio and illegal, rather calls for a vigilance enquiry in/ the case as how and why this happened as this is not the first time as earlier also in the penalty proceedings the same methodology was adopted by the same CIT(A). Necessary directions should be issued for the same. 2. The learned CIT(A) erred in law and on facts in confirming the best judgment assessment u/s 144 alleging non-cooperation of the assessee and non-furnishing: of the desired information; which is not correct as the assessee duly participated in the assessment proceedings and also furnished all the desired details / documents sought by the Department. Thus, the assessment so framed must be annulled being bad in law. 3. The learned CIT(A) also erred in law and on facts by not appreciating the facts, and adverse recording in the assessment order that there was a massive Jat Reservation Agitation in the state o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... letters and seeking information, the replies of which do not find place in the appellate order. Thus, the appellate order is totally void ab initio and illegal, rather calls for a vigilance enquiry in the case as how and why this happened as this is not the first time as earlier also in the penalty proceedings the same methodology was adopted by the same CIT(A). Necessary directions should be issued for the same. 2. The learned CIT(A) erred in law and on facts in confirming the best judgment assessment u/s 144 alleging non-cooperation of the assessee and non-furnishing of the desired information; which is not correct as the assessee duly participated in the assessment proceedings and also furnished all the desired details / documents sought by the department. Thus, the assessment so framed must be annulled being bad in law. 3. The learned CIT(A) also erred in law and on facts by not appreciating the facts and adverse recording in the assessment order that there was a massive Jat Reservation Agitation in the state of Haryana in the month of February, 2016 when road / rail movement was totally blocked, which resulted into non- appearance then before the Assessing Authority due to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a massive Jat Reservation Agitation in the state of Haryana in the month of February, 2016 when road / rail movement was totally blocked, which resulted into non- appearance then before the Assessing Authority due to reasons beyond control of the appellant. 4. The learned CIT(A) erred in law and on facts in ignoring and not giving any finding on the contention of the appellant that the impugned assessment order is illegal as has been passed u/s 144 r.w.s 153A(l)(b) of the Act where the provisions of section 153A(l)(b) of the Act are not at all applicable as the income-tax search took place on 17/01/2014 during the previous year relevant to this assessment year. Thus, following the decision dated 22/12/2016 of the Hon'ble ITAT Chandigarh Bench in the case of Rajiv Kumar vs ACIT in the appeal no. ITA/41/CHD/2011 on the identical facts, the impugned assessment order must be cancelled as void ab initio. 5. The learned CIT(A) erred in law and on facts in confirming an addition of Rs. 52,32,179/- as undisclosed investment in jewellery (a) Even when jewellery valued at Rs. 15,08,179/- was not seized at the time of search and thus, accepted by the revenue as made from disclosed so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer made an addition of Rs. 52,32,179/- being the investment in jewellery out of his undisclosed sources and further made addition of Rs. 50,000/- being undisclosed cash seized during the search operation and thereby framed assessment at the total income of Rs. 23,43,380/-, Rs. 24,05,300/- and Rs. 52,82,179/- under Section 144 read with Section 153A(b) of the Act for assessment year 2011-12, 2012-13 and 2014-15 respectively. 3.3 Assessee carried the matter before the ld. CIT (Appeals) by way of filing appeals, who have partly allowed the same. Feeling aggrieved with the impugned order passed by the ld. CIT (Appeals) assessee has come up before the Tribunal by way of filing present appeals. 4. We have heard the ld. Authorized Representatives of the parties to the appeals, perused the orders passed by the ld. Lower Revenue authorities in the light of the facts and circumstances of the case and law applicable thereto. ITA. No. 4443/Del/2018 (assessment year : 2011-12) Ground Nos. 1, 2 & 3 : 5. These grounds raised by the assessee are dismissed having not been pressed during the course of arguments. Ground Nos. 4 & 5 : 6. Undisputedly search and seizure operation i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer on account of unexplained investment in purchasing 50,000 equity shares of M/s. Indian Treat (P) Ltd., is also without any incriminating material. The ld. Counsel for the assessee contended that the source of this investment has been duly shown in the audited financials and in the return of income filed under Section 139 of the Act and the entire payment has been made through banking channels. We have also perused the balance sheet of M/s. Satellite Exports available at page 34 of the paper book, wherein the entire investment of Rs. 15,00,000/- in buying shares in Indian Treat (P) Ltd., a group company of the assessee group under the head 'investment' has been shown in the audited financials having been made through banking channels by M/s. Satellite Exports. 11. It is also undisputed fact on record that in order to make addition of Rs. 10,00,000/- Assessing Officer has not relied upon "any incriminating material" alleged to have been seized during the search and seizure operation nor any such "incriminating material" was there to make such addition. So we are of the considered view that the addition of Rs. 10,00,000/- made by the Assessing Officer and confirmed by the ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll Apartments available at page 48 of the paper book also shows the mode of payment through banking channels from the bank account of M/s. Satellite Exports. Conveyance Deed available at page 17 to 46 of the paper book also shows the mode of payment through cheque drawn at HDFC Bank. 17. So in view of the matter we are of the considered view that the addition made by the Assessing Officer and confirmed by the ld. CIT (Appeals) by passing a cryptic order, without "any incriminating material" and is also not sustainable on merits is liable to be deleted. Consequently, Ground Nos. 4 and 5 are determined in favour of the assessee. ITA. No. 4445/Del/2018 (assessment year : 2014-15) Ground Nos. 1, 2 & 3 : 18. These grounds raised by the assessee are dismissed having not been pressed during the course of arguments. Ground Nos. 4 & 5 : 19. Undisputedly during the course of search and seizure operation at the residential premises of the assessee jewellery amounting to Rs. 52,32,179/- was found out of which jewellery amounting to Rs. 37,24,000/- was seized by the Department. It is also not in dispute that the assessee has not filed details before the Assessing Officer to explain the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in para 7. Co-ordinate bench of the Tribunal by observing that when the entire jewellery of the family has been considered by the revenue Department against the income declared to the tune of Rs. 1,47,00,000/-, the jewellery of Rs. 52,32,179/- seized from the house of assessee has been accounted for and taxed accordingly. For ready perusal relevant extract of the order passed by the co-ordinate bench of the Tribunal is as under:- SUBHASHCHANDER Value Seized Released (joint with other 8 family members } Cash 328310 - 328310 jewellary 152511? - 1525117 Silver 801315 - 801315 SUBHASH CHANDER (Locker No. 81 PNB Kaithal) Jewellary 1255654 1255654 "" SUBHASH CHANDER (Locker No. 27? PNB Kaithal ) Jewellary 4027042 4027042 - NEERAJ MITTAL Value Seized Released (Joint with other 8 family members) Cash - - - Jewellary - - - Silver - - - Pallavi Mittal Value Seized Released (Joint with other 8 family member ..... X X X X Extracts X X X X X X X X Extracts X X X X
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