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TMI Blog2023 (7) TMI 1160X X X X Extracts X X X X X X X X Extracts X X X X ..... - - Dated:- 26-7-2023 - Sh. N.K.Billaiya, Accountant Member And Sh.Anubhav Sharma, Judicial Member For the Assessee : Dr. Rakesh Gupta, Adv. And Sh. Somil Agarwal, Adv. For the Revenue : Sh. T. James Singson, CIT DR Sh. Vivek Kumar Upadhyay, Sr. DR ORDER PER ANUBHAV SHARMA, JM : Both the appeals have been preferred by the Assessee against the order dated 05/09/2017 06/09/2017 of CIT(A)-Karnal (hereinafter referred as Ld. First Appellate Authority or in short Ld. FAA ) in appeal No. IT/73/GGN/2015-16 IT/74/GGN/2015-16 respectively arising out of an appeal before it against the order dated 31.03.2015 passed u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred as the Act ) by the DCIT, Central Circl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Act, 1961, that too in the proceedings u/s 153C of the Act, and more-so by alleging failure of the assessee to produce bills and vouchers. 4. That in any case and in any view of the matter, action of Ld. CIT(A) in confirming the action of Ld. AO in making disallowance of Rs. 87,74,362/- is bad in law and against the facts and circumstances of the case. 5. That having regard to the facts and circumstances of the case, Ld. CIT (A) has erred in law and on facts in confirming the action of Ld. AO in passing the impugned order without giving adequate opportunity of being heard. 6. That in any case and in any view of the matter, action of Ld. CIT(A) in confirming the action of Ld. A.O in making the impugned additions are bad in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut of incriminating evidences found during the search. However, the aforesaid contention was duly rebutted on behalf of the assessee by the Ld. AR submitting that first of all Ld. AO has not discussed any incriminating material/ documents which were seized and in any case if post search inquiries and findings are to be relied then too in the light of judgment of Hon ble Supreme Court in the case of Abhisar Buildwell (P) Ltd. (supra) the course open to the Revenue is by virtue of powers u/s 147/148 of the Act. 6. The Bench finds the arguments of ld. AR quite sustainable as apparently in the para 3 of the order of ld. AO no such document or evidence is specifically discussed. Furthermore, it comes up that when the assessment orders for A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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