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TMI Blog2022 (11) TMI 1264X X X X Extracts X X X X X X X X Extracts X X X X ..... cument, we find that the issues raised in the present appeal are covered in favour of the assessee and against the Revenue by the judgment of this Court VINITA CHAURASIA [ 2017 (5) TMI 992 - DELHI HIGH COURT] - The additions were deleted by the Court after detailed examination of the merits. The Special leave petition filed against the said judgment also stands dismissed. We therefore find that no substantial question of law arises from the impugned order of the ITAT. The appeals is dismissed. - ITA 638/2019 - - - Dated:- 22-11-2022 - HON'BLE MR. JUSTICE MANMOHAN AND HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA Appellant Through: Mr Zoheb Hossain, Sr. St. Counsel with Mr Vipul Agrawal, Jr. St. Counsel, Mr Parth Semual, J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration was framed under Section 147 read with 143(3) of the Act and ITAT erred in holding that the proceedings were not maintainable. He further, states that ITAT failed to consider that a perusal of the Seized Document, reveals that the Assessee had invested a sum of Rs.32,85,37,354/- with M/s Suncity Project Pvt. Ltd. before 01st October 2006. 4. We have perused the paper book and considered the submissions of the learned counsel for the Revenue. The Assessment order was passed by the Assessing Officer ( AO ) under Section 147 read with 143(3) of the Act. The original return was filed on 31st July 2007 under Section 139(1) of the Income Tax Act, 1961 ( the Act ) declaring the total income of Rs.4,70,97,930/-. There was search a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence to Annexure- A-l page 5 which is in the context of purchase of property vide sale deed dtd. 13/05/2009 and Assessing Officer himself has considered this annexure in A.Y. 2010-11 and made addition to the extent of Rs. 19,02,68,289/-. This document has no relevance to any undisclosed income relating to year under reference. There is thus no case of any income escaping assessment or any tangible material which has relevance to A.Y. 2007-08. Submission of revenue before the Tribunal is merely general observation on issue of reopening u/s. 147 and does not make reference to any details or evidence of any undisclosed income relating to A.Y. 2007-08. All these submission of the Ld. AR could not be contradicted by the Revenue at the time of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said action of the Revenue was challenged before the Hon'ble High Court and the Hon'ble High Court has given a finding of dismissing the appeal of the Revenue therein. The finding of the Hon'ble High Court is applicable in the present case and therefore, the action u/s 147 of the Act itself is not maintainable and is quashed. Thus, appeal of the Revenue is dismissed and cross objection of the Assessee is allowed. 9. We have also perused the judgment of this Court in ITA 1004/2015 and ITA 1005/2015 in the assessee s own case in the reassessment proceedings undertaken under Section 153C of the Act pursuance to the search on Mr. Lalit Modi. We find that the Seized Document, described as page no. 5 of Annexure A-1, was specifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al an issue to be left un-investigated. The AO appears to have proceeded purely on conjectures as regards what the document has stated without noticing the internal contradictions and inconsistencies. For instance, the document talks of rent payable for a period from 2006 onwards where in fact even according to the Revenue the Assessee purchased the property on 13th May, 2009. The shifting of the burden on the Assessee without making these basic enquiries to unearth the truth of the document could not have been accepted and was rightly commented upon by the ITAT. The entire basis for making the additions to the assessable income of the Assessee was a single document i.e., Annexure A-1. The attempt at making additions on the basis of Annexur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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