9911796707
TMI Blog2022 (6) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... gainfully refer to the provisions of section 153C which provide that assessment under this section shall be done for 6 assessment years immediately preceding the assessment year relevant to the assessment year in which search is conducted. Hence, the present assessment year is relating to the year of search and hence, assessment procedure for section 153C is not at all applicable. Moreover the provisions of these sections provide that pending assessments shall abate. In this case, since the financial year was itself not over there is no question of assessee having filed a return and assessment proceedings being abated. In this view of the matter, the additional ground raised by the assessee is frivolous without any legal basis and hence th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0,000/-, which was made by the ld. AO on the ground that there were contradictions in the explanation given by the assessee during the course of assessment proceedings and the explanation given by the assessee's wife -Mrs. Anju Jakhmola during the course of search seizure operation carried out u/s 132. The ld. CIT(A) had failed to appreciate that the assessee had categorically stated that he (being the Senior Vice President of M/s Shubhkamna Buildtech Private Limited) had brought such cash belonging to M/s Shubhkamna Buildtech Private Limited, to his house for the purpose of safe keeping, and also that credit of such seized cash was not claimed by the assessee. 3. That on the facts of the case and under the law, the ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , which as clearly stated by the AO at paragraph no. 3 of the Assessment Order, is perusal of Balance Sheet. Thus, addition has no relevance or nexus with any material seized during the course of search upon any person and, therefore, deserves to be deleted. 4. That the abovesaid Grounds were not included in the Grounds of Appeal filed by appellant and, therefore, the appellant hereby requests for allowing the same as additional grounds. 5. The appellant hereby requests your honours to kindly permit him to raise the additional Grounds of Appeal which are obviously on legal issues as set out above under Rule 11 of the Income Tax (Appellate Tribunal) Rules, 1963 keeping in view especially the judgement rendered by the Hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Income Tax Act, 1961, in this case, was passed by the Ld. Pr. Commissioner of Income Tax, Delhi - 22, New Delhi communicated vide F.No. Pr. CIT-22/1/Centralization/2015-16/1194 dated 06.08.2015. Subsequently, notice u/s 142(1) was issued on 18.08.2015. The assessee filed return of income on 10.09.2015 declaring total income of Rs.23,91,330/- in pursuance to the notice u/s 142(1) of the Income tax Act, 1961.. Notice u/s 143(2) was issued on 10/09/2015. Notice u/s 142(1) along with questionnaire was issued on 28.12.2015. 4.1 During the course of search and seizure operation of the residence at B-402, Kartik Kunj Sector-44, Noida cash amounting to Rs.44,22,000/- was found. The assessee was asked to explain the source of the said cash ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,00,000/- is being added to the income of the assessee. 5. Upon assessee s appeal, ld. CIT (A) confirmed the addition as under:- 5.1 The undersigned has carefully gone through the assessment order, written submission filed as well as verbal argument of the ld. A.R. It is seen from the assessment order that cash of Rs.44,22,000/- was found and seized from the premises of the assessee during the search u/s 132 of the Act on 09.10.2013 at the time of search. No cogent explanation was offered by the assessee and further, during the assessment proceedings, assessee came with submission that this cash belongs to M/s. Shubhkamna Buildtech Private Limited for whom appellant is working as Senior Vice President. The AO found that there was n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver, no evidence could be submitted to substantiate her claim. Therefore, undersigned is of the opinion that the cash found and seized is nothing but undisclosed income of the appellant. Therefore, addition made by AO is confirmed and grounds of appeal are dismissed. 6. Against the above order, the assessee has come up in appeal before us. 7. We have heard the ld. DR for the Revenue and perused the record. None appeared on behalf of the assessee for the past several occasions. Hence, we adjudicate the appeal by hearing the ld. DR and perusing the record. 8. First, we deal with the additional ground raised by the assessee. The additional ground raised pertains to jurisdiction under section 153C and the procedure thereof as per t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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