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2009 (6) TMI 626 - ITAT AHMEDABAD-ACondonation Of Delay - Search and seizure - Disallowance - Undisclosed income - Deduction u/s 54F - Demand - Assessee being a retired person and not conversant with the intricacies of the law therefore did not file an appeal initially on the advise of previous chartered accountant - Notwithstanding the issue regarding validity of assessment by invoking s. 153C of the Act is a legal issue and, therefore, the assessee is entitled to raise it as additional ground otherwise also in. the cross-objections - The main thrust of the reasons for not filing the appeal in time was that the assessee had filed cross-objections in time in response to appeal filed by the Revenue but fearing that Revenue might withdraw the appeal and therefore, the cross-objections so filed would come in jeopardy, it has filed an appeal independently Regarding capital gain - there is no evidence on record that books of account and documents belonging to the assessee and found during the course of search in the case of Shri Subodhbhai M. Sanghvi were handed over to the AO of the present assessee - The main thrust of s. 153C of the Act is to empower the AO of the person searched to handover the money, gold, jewellery or other relevant articles/things or books of account or documents belonging to the other person to the AO of that other person and the AO of that other person is empowered to proceed against such other person to assess undisclosed income resulting from such money, bullion, jewellery and valuable articles or things, books of account or other documents - Appeal is allowed by way of remand
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