9911796707
TMI Blog2024 (9) TMI 1186X X X X Extracts X X X X X X X X Extracts X X X X ..... ave disallowed the claim of the assessee on the ground that assessee was not found to be engaged in any business activities. Before us also the assessee failed to provide any supporting evidence in support of its claim. Under these circumstances we see no reason to interfere in the finding of learned CIT(A) on the issue in question. Consequently, grounds taken by the assessee on this issue are dismissed. - Shri Kul Bharat, Judicial Member And Shri Avdhesh Kumar Mishra, Accountant Member For the Appellant : None For the Respondent : Shri P.N. Barnwal, CIT(DR) ORDER PER KUL BHARAT, JM: The captioned appeals have been preferred by the assessee against separate orders of learned Commissioner of Income-tax (Appeals)-28, New Delhi, all dated 29 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be available before approving authority and approval must reflect the application of mind to the facts of the case and in absence thereof approval granted u/s 153D is not in accordance with law. 4. The Ld. CIT(A) has erred in not appreciating the fact that the approval was granted in short time on the date the request was made for approval by the AO 5. The Ld. CIT(A) has erred in not appreciating the fact that the common approval is invalid 6. The Ld. CIT(A) has erred in not appreciating the fact that the validity of assumption of jurisdiction to frame an order of assessment dated 24.12.2018 u/s 153C of the Act 7. The Ld. CIT(A) has erred in not appreciating the fact that addition/disallowance the made are not based on incriminating materi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justice and any inference drawn on basis of such statements be held unsustainable under law. 16. The Ld. CIT(A) has erred in not appreciating the fact that the percentage of commission adopted either @ 2.5% or increase on assets and liabilities and 1.5% as revenue items/bank deposits /withdrawals is without any basis and thus untenable 17. The Ld. CIT(A) has erred in not appreciating the fact that the addition made on substantive basis in the hands of Mukesh Kumar is also based on no material and grossly untenable. 18. The appellant crave leave to add, alter or amend any of the grounds before or at the time of hearing. 4. Facts, in brief, are that a search and seizure operation u/s 132 of the Income-tax Act, 1961 (the Act ) was conducted on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal before this Tribunal. 5. In ground nos. 1 to 7 the assessee has challenged the validity of proceedings u/s 153C of the Act. The learned CIT(A) after discussing the issue in detail, rejected assessee s plea on this issue and upheld the validity of proceedings u/s 153C. After going through the order of learned CIT(A) and there being no supporting material filed by the assessee in support of its claim, we see no reason to interfere with the finding of learned CIT(A) on this count. Accordingly, grounds taken by the assessee in this respect are rejected. 6. Apropos to the grounds raised by the assessee in relation to disallowance of expenses booked in P L a/c amounting to Rs. Rs. 3,62,076/-, we find that the learned CIT(A) has rejected t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estion. Consequently, grounds taken by the assessee on this issue are dismissed. 8. In the result assessee s appeal for A.Y. 2010-11 is hereby dismissed. 9. Identical grounds have been taken by the assessee in ITA no. 1356/Del/ 2023 for A.Y. 2011-12 and in ITA no. 1357/Del/2023 for A.Y. 2012-13, excepting difference in figure of addition. No change in facts and circumstances has been pointed out by the learned DR for these assessment years. Therefore, respectfully following our decision in A.Y. 2010-11 (supra), mutatis mutandis, we uphold the orders of learned CIT(Appeals) for A.Y. 2011-12 and 2012-13 and dismiss the appeals preferred by the assessee. 10. In the result, all the three appeals of the assessee in ITA no. 1355/Del/2023 for A.Y. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
