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TMI Blog2022 (6) TMI 1013X X X X Extracts X X X X X X X X Extracts X X X X ..... jurisdiction over such other person and that Assessing Officer shall proceed against each such other person and issue notice and assess or reassess the income of the other person in accordance with the provisions of Section 153A, if that Assessing Officer is satisfied that the books of account or documents or assets seized or requisitioned have a bearing on the determination of the total income of such other person for six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted or requisition is made. As the proviso further provide that in case of such other person, the reference to the date of initiation of the search under section 132 or making of requisition under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asis and no evidence has been brought on record to disprove the transaction of the assessee. In such a case, the assessee s explanation of cash receipt was to be accepted. By deleting the impugned addition we allow the grounds thus raised by the assessee. In the result, the appeal stands partly allowed. - ITA No.3032/Chny/2017 ITA No.2841/Chny/2017 - - - Dated:- 8-6-2022 - HON BLE SHRI MAHAVIR SINGH, VICE PRESIDENT AND HON BLE SHRI MANOJ KUMAR AGGARWAL, AM Appellant by : Shri T. Banusekar (CA) Ld. AR Respondent by : Shri T. Vasanthan (CIT) Ld. DR ORDER Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeals by assessee for Assessment Years (AY) 2008- 09 2012-13 arises out of separate orders of learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... response to which the assessee offered original return of income. The Ld. AO disallowed interest payment of Rs.1.71 Lacs and finalized the assessment. The disallowance, upon confirmation by Ld. CIT(A), is in further appeal before us. 4. We find that the assessee filed an RTI application on 16.05.2019 before appropriate authority, inter-alia, seeking following information: - 3. Date on which relevant documents found during the search operations relating to me came into the possession of this authority. As per order u/s 7 of the RTI Act, the reply to the same has been given as 20/10/2014 . Thus, it could be seen that the documents as found during the course of search operations relating the assessee has come into the possession ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equisitioned by the Assessing Officer having jurisdiction over such other person. Therefore, applying the same to facts of the present case, Ld. AO would have jurisdiction to assess the income u/s 153C from AYs 2009-10 onwards and not before that since the relevant AY in the present case is 2015-16 as noted by us in preceding para-4. Therefore, we have no hesitation to hold that the assessment was bad-in-law and the same would have no legs to stand. We order so. Another factor to be noted is that the additions are not based on any incriminating material and therefore, this being non-abated year, the additions are necessarily to be based on certain incriminating material found by the search team that belong to the assessee. However, we find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be self-serving and mere after-thought. Therefore, the said transaction was not to be accepted as a legitimate explanation of cash receipt. Accordingly, the addition was confirmed against which the assessee is in further appeal before us. 8. We find that impugned order take note of the fact that sale of jewellery was reflected in the return of income and the assessee had submitted cash flow statement which has been extracted in the impugned order. The sale transaction has not been disturbed by the revenue and the explanation has been rejected on mere allegation that the transaction was after-thought and self-serving. However, the said allegation has no basis and no evidence has been brought on record to disprove the transaction of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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