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TMI Blog2024 (1) TMI 408X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment was deleted by the CIT(A) then the enhancement of the said addition in re- assessment proceedings would not survive and cover by the earlier order of the CIT(A). We further note that the appeal filed by the Department against the order of the CIT(A) arising from the original assessment u/s 143(3) was decided by this Tribunal vide [ 2023 (5) TMI 1285 - ITAT INDORE] whereby the appeal of the Revenue was dismissed and the order of the Ld. CIT(A) was upheld. Thus, it is the matter of record that the addition made by the AO on account of profit on on-money receipt in the re-assessment proceedings is now covered by the order of this Tribunal in assessee s own case [ 2023 (5) TMI 1285 - ITAT INDORE] CIT(A) has deleted the addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Ld. CIT(A) was justified in holding that the documents found during the course of search did not have any relation to the present year receipts? 3. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was justified in not appreciating the fact that during the course of assessment proceedings the assessee could not prove that in the subsequent year i.e. A.Y. 2014-15 there was no on-money receipts against units booked up to 31.03.2013? 4. The solitary issue arises in the Revenue s appeal s regarding the addition made by the AO in the reassessment proceedings on account of profit on on-money receipt was deleted by the Ld.CIT(A). Initially, the assessment order was completed u/s 143(3) on 29 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled the present appeal. 5. We have heard the Learned Departmental Representative as well as Ld. Authorized Representative of the assessee and considered the material placed on record. The Ld. CIT(A) has deleted the addition by following its earlier order in the quantum appeal against the assessment order passed u/s 143(3), whereby the addition made by the AO on account of profit on on-money receipt was deleted. Therefore, the addition made in the original assessment was deleted by the Ld.CIT(A) then the enhancement of the said addition in re- assessment proceedings would not survive and cover by the earlier order of the CIT(A). We further note that the appeal filed by the Department against the order of the CIT(A) arising from the origi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14-15 the Ld AO asked for the details of purchasers from whom booking advance is received as on date of search namely 30-11-2012. In reply the assessee provided the list of purchasers who booked before search and the receipts from them amounted to Rs. 14,14,23,445/- [which are available at pages 106 to 115 of the Paper Book]. After the Search action the assessee revised the prices of the flats/plots and submitted comparative price changes of various projects of the assessee, wherein there is a difference of 30% increase in price of flats/plots which are ranging from Rs. 289 to Rs. 1150/- for each projects namely Atlantis Duplexs, Atlantis Flats, Heritage Duplexs, Tulip Green Plots/Flats, Tulip Heights, etc. [which is available at page no.11 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asst. year without necessary material records or evidences. It is settled law by various Courts that income could not be estimated for the other years on the basis of evidence found for one particular year, especially when there was no incriminating evidence pertained to any other assessment year. 6.4. It was also held that the theory of extrapolation is not logical method for determining the actual total Income and it is established law that the assessment should be made on the basis of only incriminating documents found during the course of survey/search proceedings. Further entire edifice of the addition has been made by the AO only in the realm of extrapolation of the figures of on-money received by the assessee before the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erial on record. Since the merits of the addition in the Revenue s appeal has been decided in favour of the assessee and against the Revenue, therefore, the issue raised by the assessee in the cross objection becomes academic in nature and also infructuous. Accordingly, we do not propose to decide this issue as the same has become infructuous and accordingly dismissed. 9. In I.T.A. No. 233/Ind/2023, the Revenue has raised the following grounds of appeal :- Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was justified in deleting the addition of Rs. 3,09,96,127/- made by the AO on account of profit on on-money receipt without appreciating the facts of the case available on record? 2. Whether ..... X X X X Extracts X X X X X X X X Extracts X X X X
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