9911796707
TMI Blog2022 (5) TMI 1081X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A) so as to take a meritorious view by keeping together the findings of the AOs in both the assessments i.e. u/s. 143(3) and u/s. 144 r.w.s. 153A of the Act and dispose them off in accordance with the applicable law and observations made in para 9 above. Needless to say that assessee be given reasonable opportunity of being heard and make any further submission, if desired. Since the matter is restored to the file of Ld. CIT(A) for fresh adjudication in terms of our observations and herein above, we are not expressing any views on the merits of the case so as to limit the appellate procedure before the Ld. CIT(A). The observations herein made by us in remanding the matter back to the file of Ld. CIT(A) will not impair or injure the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. CIT(A), New Delhi erred both on facts as well as in law in giving relief to the assessee by deleting the addition of Rs. 2,27,64,257/- to the business income of the assessee, which was nothing but the income of the assessee earned through the activity of providing accommodation entries to the beneficiary, namely, Kwality Limited without examining the facts of the case and the evidence relied upon by the AO, while making such addition. ii. The Ld. CIT(A) failed to call/remand report on the evidences provided by the assessee before Ld. CIT(A) and to allow the AO to corroborate with the evidence gathered during search in Kwality Group. iii. That the department craves leave to add, alter or modify any grounds of appeal in the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e details of total receipts and net profit estimation at which the total income of all the three assessees assessed by the Ld. AO in their respective assessment orders is tabulated as under: SL No. Assessee Turnover/Receipts (Rs.) N.P. @1% estimated by the AO (Rs.) 1 Smt. Promila Chandoke Rs.238,92,10,782/- Rs.2,38,92,107/- 2 Shri Harshdeep Chandhoke Rs.199,33,09,799/- Rs.1,99,33,100/- 3 Ninder and Sons (HUF) Rs.211,47,14,494/- Rs.2,11,47 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contained in CBDT Circular No. 7/2003 dated 05.09.2003 containing explanatory notes on provisions relating to direct taxes vide para 65.5- ...It is clarified that the appeal, revision or rectification proceedings pending on the date of initiation of search under section 132 or requisition shall not abate. Appeal of assessee was pending before Ld. CIT(A) on the date of search present appeal before us is against the order of Ld. CIT(A). 8. On perusal of the assessment order passed u/s. 144 r.w.s. 153A consequent to search and seizure operation as submitted by the ld. counsel of the assessee in the course of hearing, it is observed from para 8(d) that the Ld. AO (DCIT, Central Circle-2(3), Kolkata has taken note of all the findings reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12.2018 which is subsequent to the date of conduct of search and seizure operations and was pending at the time of conduct of search. The subsequent development of search seizure operations in the case of assessee herself ought to have been factored in by the Ld. CIT(A) while disposing of the appeal before him by examining and verifying any incriminating material, if any, found and seized during the course of search and having any bearing on the impugned additions under challenge before him since the impugned assessment year 2013-14 is the year which is covered within the six years as provided in section 153A of the Act. 10. Before us, the ld. counsel has brought the fact of subsequent development of search seizure operation in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
