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TMI Blog2023 (11) TMI 1262X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(DR) For the Assessee : Shri Amul sinha, Adv. ORDER PER N.K. BILLAIYA, AM ITA No. 829/Del/2022 by the Revenue and C.O. No. 38/Del/2023 of the assessee preferred against the order of the CIT(A)-27, New Delhi, dated 28.01.2022 pertaining to A.Y. 2011-12. The grievance of the Revenue read as under: "1. The Ld. CIT(A) has erred in law and on facts in deleting the addition of Rs. 2,67,32, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Report was duly called u/s 142A which clearly proved that the value of property is higher that the value shown by the assessee. 3.3 the Ld. CIT(A) has erred in ignoring the fact that the assessee could not file any explanation to the said Valuation report. 4. (a) The Ld. Commissioner of Income Tax (Appeals) is erroneous and not tenable in law and on facts. (b) The appellant craves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A of the Act in the case of assessee is void-ab- initio because of being obtained without any authority of law and in defiance of settled procedures of law. 4. That the valuation report obtained u/s 142A of the Act in the case of the assessee is void- ab-initio because of being obtained in violation of provisions of Sec. 56(2)(vii)(b) of the Act. 5. That the Ld. AO grossly erred in law and i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... addition of Rs. 2,67,32,350/- as unexplained money U/s 69A of the Act. 4. The addition was challenged before the CIT(A) on the ground that the addition is devoid of any incriminating material found during the search. Reliance was placed on the decision of the Hon'ble High Court of Delhi in the case of Kabul Chawla 380 ITR 573. 5. The CIT(A) was convinced with the contention of the assessee and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns unabated, the additions and disallowances are permissible in Section 153A proceedings only qua incriminating material found in the course of search. In the instant case, no incriminating material was found during the search and referred in the assessment order and hence the AO is not entitled to make additions in such completed / unabated assessments. We decline to interfere with the finding of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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