2022 (6) TMI 1309

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..... assessment orders have attained finality. Considering the totality of the facts and circumstances of the case and in absence of any contrary binding decision of jurisdictional High Court we find no reason to interfere with the order of Ld. CIT(A) and thus, we dismiss the ground raised by the Revenue.
SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHARY, JUDICIAL MEMBER For Revenue : Sh N.C. Swain, CIT-DR For Assessee : Sh Ved Jain, Advocate & Sh Ashish Goel, C.A. ORDER PER ANIL CHATURVEDI, A.M. The above appeals by the Revenue are directed against the separate orders of the Ld. CIT(A)-27, New Delhi, dated 26.02.2019 relating to the A.Ys. 2010-11 & 2012-13. Since common issues are involved in both the appeals, the appe .....

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..... following grounds : 1. The Ld. CIT(A) has erred in law in relying on the ratio held in Kabul Chawla 61 taxman.com 412 (Delhi) and in holding that completed assessment could not be interfered by the AO without incriminating material. On the contrary, for making the assessment u/s 153A of the Act, 1961, the Act does not stipulates any such conditionality on A.O. 2. Whether Ld. CIT(A) has erred in law by relying on the ratio held in Kabul Chawla 61 taxman.com 412 (Delhi) and deleting the following additions : (i) Addition of Rs.10,50,000 /- on account unexplained cash credit u/s 68 of Act (ii) Addition of Rs.l0,21,000/- on account of agriculture income (iii) Addition of Rs.1,66,18,570/- on account of Long Term Capital Gain on sale of .....

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..... e, on the other hand, pointed-out to the findings of Ld. CIT(A) at paras 7.1 and 7.2 of the order and submitted that on the date of search i.e., on 08.07.2015 the assessment order for the A.Y. 2012-13 was a completed assessment as the time period for issuing notice under section 143(2) of the I.T. Act, 1961 had already been expired and thus, the assessment was not abated. He further pointed to the findings of the Ld. CIT(A) wherein he has noted that no incriminating material was found in the case of assessee during search proceedings and, therefore, no disallowance could have been made by disturbing income disclosed in the return filed by the assessee. He, thus, supported the order of the Ld. CIT(A) and also relied on the decision of Hon'bl .....

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