2018 (11) TMI 1975

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..... the Act. See Continental Warehousing Corporation [2015 (5) TMI 656 - BOMBAY HIGH COURT] and Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] Additions made/confirmed by the lower authorities for one assessment year under consideration are hereby, ordered to be deleted. Appeals of the assessee are hereby allowed.
Sh. SANJAY GARG, JM AND Dr. B.R.R.KUMAR, AM For the Assessee : Shri Sachin Jain For the Revenue by : Shri G.S.Phani Kishore, CIT ORDER Per Bench: The present appeals have been preferred by the assessee against the separate orders of the CIT(A) (Central), Gurgaon dated 04.10.2013. 2. All the appeals are time barred by 397 days. Separate applications for condonation of delay have also been filed. It has been pleaded in .....

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..... Miscellaneous Application was that a dispute was going on between the assessee and his old counsel and that is why he did not appear on the date of hearing in those appeals. Thereafter, the assessee engaged his new counsel and in view of the above submissions which were supported by the affidavit of the assessee, the ex-parte dismissal order in appeals dated 18.11.2015 was recalled vide order dated 10.11.2017. In view of this, we are convinced that the delay in filing the appeals for the assessment years under consideration is un-intentional but due to the aforesaid factors as pleaded above. In view of this, the delay in filing of these appeals is hereby condoned and we proceed to decide the appeals on merits. 4. At the outset, the ld. co .....

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..... ough to admit that no incriminating material was found in the case dur ing the search action and that the facts and issue involved are squarely covered by the aforesaid decisions. 6. We find force in the contention of the Ld. AR. Admittedly, the assessment for the year under consideration stood completed on the date of search. No incriminating material whatsoever in relation to the share application money was found. It has been time and again held by the various High Courts that if no incriminating material is found during the search action, the addition in the case of already concluded assessment cannot be made while framing assessment u/s 153A of the Act. Reliance in this respect can be placed in the case of 'CIT Vs. Continental Warehous .....

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