9911796707
TMI Blog2024 (6) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... a Gutgutia Pro M/s Ferns N Petals [ 2017 (5) TMI 1224 - DELHI HIGH COURT] deleted the addition. Further, the Hon'ble Supreme Court in the case of Abhisar Build well P. Ltd. . [ 2023 (4) TMI 1056 - SUPREME COURT] decided the issue in favour of the Assessee holding that the Assessing Officer cannot make additions to assessee s income in respect of completed/unabated assessment if no incriminating material has been found during the course of search u/s 132 or requisition u/s 132A of the Act. Appeal of the Assessee is allowed. - Shamim Yahya, Accountant Member And Sh. Yogesh Kumar U.S., Judicial Member For the Assessee : Sh. Aman Garg, CA For the Revenue : Mr. Javed Akhtar, CIT (DR) ORDER PER YOGESH KUMAR, U.S. JM: This appeal is filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he contention of the assessee that the order passed by the learned AO under section 153A r.w.s 143(3) is bad and liable to be quashed as the same has been framed consequent to a search which itself was unlawful and invalid in the eyes of law. 6. (i) On the facts and circumstances of the case, the learned CIT(A) has erred, both on facts and in law, in rejecting the contention of the assessee that the learned AO has erred, in reissuing the notice under section 153A dated 05.09.2019 despite the fact that reassessment proceedings initiated by initial notice issued under section 153A dated. 03.07.2018 was already pending and not concluded by the AO. ii) That the learned AO has erred in ignoring the settled position of law that the AO cannot issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 143(2) of the Act. (ii) That the learned CIT(A) has erred, both on facts and in law, in confirming the action of the learned AO in drawing adverse inference against the appellant on the basis o above notice issued under section 142(1) of the Act which itself is invalid. 11. On the facts and circumstances of the case, the learned CIT(A) has erred, both on fact and in law, in rejecting the contention of the assessee that the learned AO has erred making the addition in order passed u/s 153A r.w.s 143(3) of the Act, without an incriminating material having been found during the course of search. 12. (i) On the facts and circumstances of the case, the learned CIT(A) has erred, both facts and in law, in rejecting the contention of the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and in law in confirming the action of the learned AO by indulging in conjecture and surmises only on the basis of presumption and assumption. 17. On the facts and circumstances of the case, the learned CIT (A) has erred, both on facts a in law, in confirming the action of the AO in determining the tax liability as per sect 115BBE of the Act. 18. On the facts and circumstances of the case, the learned CIT (A) has erred in facts an law in confirming interest charged u/s 234A, 234B and 234C of the Act. 19. That the appellant craves leave to add, amend or alter any of the grounds of appeal. 3. Brief facts of the case are that, a search and seizure operation was carried out at the various premises of Bajaj Group and its Associates including t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. Counsel also brought to our notice that in Assessee s wife s case, the Coordinate Bench of the Tribunal has already decided the issue in favour of the said Assessee by quashing the assessment order in ITA No. 628/Del/2022 (A.Y 2013-14). The Ld. Counsel strongly placed reliance on the Judgment of the Hon'ble Supreme Court in the case of Principal Commissioner of Income Tax, Circle 3 Vs. Abhisar Build well P. Ltd. 2023 (4) TMI 1056- (Supreme Court) dated April-24, 2023. 5. Per contra, the Departmental Representative relying on the orders of the Lower Authorities sought for dismissal of the Appeal filed by the Assessee. 6. We have heard the parties perused the material available on record. In the present case, it is found from the reco ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
