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TMI Blog2021 (12) TMI 1386X X X X Extracts X X X X X X X X Extracts X X X X ..... we find no merit in the present appeal. The same is dismissed. - ITA 112/2020 & CM APPL. 6464/2020 - - - Dated:- 15-12-2021 - HON'BLE MR. JUSTICE MANMOHAN AND HON'BLE MR. JUSTICE NAVIN CHAWLA Appellant Through: Mr.Zoheb Hossain, Sr. Standing Counsel with Mr.Vipul Agarwal, Jr. Standing Counsel for Revenue. Respondent Through: None. NAVIN CHAWLA, J. (Oral) 1. This appeal has been filed by the appellant challenging the order dated 02.07.2018 passed by the learned Income Tax Appellate Tribunal (Delhi Benches: D New Delhi) (hereinafter referred to as ITAT ) dismissing the appeal of the appellant being I.T. Appeal No. 6683/Del/2013. 2. It is the case of the appellant that on 31.10.2008 a search and seizure o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid order before the learned ITAT which has dismissed the said appeal vide the Impugned Order. 4. The learned counsel for the appellant submits that the learned ITAT has failed to appreciate that in the present case, the assessment order was passed on the allegation of 25 companies, all having addresses in Kolkata and having applied for allotment of shares of the respondent company, been found not in existence. He submits that in the facts of the present case, therefore, the learned ITAT has erred in placing reliance on the judgment of this Court in Commissioner of Income Tax (Central)-III vs. Kabul Chawla, 2015 SCC OnLine Del 11555 : (2016) 380 ITR 573 (Del). 5. We find no merit in the submissions made by the learned counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... search, based on which the impugned addition could have been made in the assessment order u/s. 153C. We also do not find any reference to any such material found during the search which led the Assessing Officer to make the impugned addition. The assessment order does not outline any details of the documents which were belonging to the assessee and were seized in the search dated 31.07.2008 so as to acquire the jurisdiction to reopen the assessment u/s. 153C of the Act. Therefore, in view of the decision rendered by Hon ble jurisdictional High Court in the case of CIT vs. Kabul Chawla (supra), in our opinion, no addition can be made in proceedings u/s. 153C in case of completed assessment. The learned Department Representative could not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuments should also be placed on record. 7. Today, the learned counsel for the appellant has placed before us the instructions received by him from the Deputy Commissioner of Income-Tax, Central Circle-1(3), Bengaluru vide communication dated 26.08.2020, which records as under: On perusal of assessment records and the available seized material, it is observed that the additions amounting to ₹ 3,32,00,000/- were made u/s 68 of the IT Act in the said assessment year. The Assessing officer has used the extensive enquiries made by the Investigating wing, Kolkata as the basis for the said additions. On perusal of the seized material, it is seen that the material referred to in the Satisfaction note does not pertains to AY 2003-04 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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