9911796707
TMI Blog2023 (6) TMI 568X X X X Extracts X X X X X X X X Extracts X X X X ..... 013 - AO considered the MOU in A.Y. 2007-08 on the basis of assumption that the MOU to be completed by 19. 06.2006 (A.Y. 2007 -08) - The said MOU was never been finally completed due to dispute between the parties.Case was filed in the Court of Addl. District Magistrate, Saket for execution of agreement to sell and MOU stands cancelled by the Court and hence the same stands null and void. The property in question has not been acquired. Hence, we hold that no amount can be taxed on this ground. Income from Partnership Firm - AO may examine whether the same has already been declared in the regular return of income. Commission Income - CIT(A) confirmed addition made on commission income @ 1.4% on a gross basis. as pleaded that no pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the assessee are allowed. - ITA No. 5651/Del/2017, ITA No. 5655/Del/2017 , ITA No. 5656/Del/2017 , ITA No. 5657/Del/2017 - - - Dated:- 8-6-2023 - Dr. B. R. R. Kumar, Accountant Member Sh. Yogesh Kumar US, Judicial Member For the Assessee : Sh. Sachin Jain, CA For the Revenue : Sh. P. Praveen Sidharth, CIT DR ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeals have been filed by the assessee against the orders of ld. CIT( A)-31 , New Delhi dated 17.05.2017. 2. In ITA No. 5651/Del/2017 , the assessee has raised the following grounds of appeal: 1. The order of the Hon ble Commissioner of Income Tax (A) is arbitrary, against law and facts on record. 2. The Hon ble Commissioner of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y considering the agriculture income of Rs.3 ,70,000 /- as income from other sources and such action of the Assessing officer is not based on cogent material and shows lack of application of mind. 7. The Hon ble Commissioner of Income Tax (A) has erred has erred in law as much as on the facts of the case in confirming the addition of Rs.1,60 ,00, 000/- under the head unexplained investment which have been made by the Assessing officer on the basis of assumption and presumption and is not based on cogent material and is bad in law and hence liable to be deleted 3. In ITA No. 5655/Del/2017 , the assessee has raised the following grounds of appeal: 1. The order of the Hon ble Commissioner of Income Tax (A) is arbitrary, against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome Tax (A) is arbitrary, against law and facts on record. 2. The Hon ble Commissioner of Income Tax (A) failed to appreciate that the issuance of notices u/s 153A / 142(1)/143(2 ) of the Income Tax Act, 1961 by the Assessing officer and the proceedings conducted there under are against the provisions contained in the Income Tax Act, 1961 and is bad in law and hence liable to be quashed. 3. The Hon ble Commissioner of Income Tax (A) while confirming the addition has failed to consider the. fact that during the course of search no incriminating documents have been found in respect of addition made and as such addition made by the Assessing officer while passing the order u/s 153A/ 143 (3) is against the provision contained in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aw as much as on the facts of the case in confirming the addition of Rs.1,54,000 /- under the head commission income which have been made by the Assessing officer on the basis of assumption and presumption and is not based on cogent material and is bad in law and hence liable to be deleted. 5. The Hon ble Commissioner of Income Tax (A) has erred in law as much as on the facts of the case in confirming the addition made by the learned Assessing officer of Rs.7,03,200/- under the head unexplained cash and addition of Rs.28,44,470/- under the head unexplained jewellery without going through the facts of the case that cash and jewellery does not belong to the appellant. 6. A search seizure operation was conducted u/s 132 of the Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o sell. The MOU stands cancelled by the Court and hence the same stands null and void. The property in question has not been acquired. 10. Hence, we hold that no amount can be taxed on this ground. Income from Partnership Firm: 11. The AO may examine whether the same has already been declared in the regular return of income. A.Y. 2011 -12 : A.Y. 2012 -13 : Commission Income: 12. The ld. CIT(A) confirmed addition made on commission income @ 1.4% on a gross basis. Before us, it was pleaded that no provision for expenses incurred for earning such income has not been given by the revenue. It cannot be said that the assessee incurred absolutely no expenses for earning such income. Hence, keeping in vi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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