Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2011 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (9) TMI 755 - DELHI HIGH COURTAddition - Search and seizure - Undisclosed income - Block assessment - the documents seized were rightly treated as document depicting the transactions between the assessee and the Jitu Virmani who was a business associate of the assessee and whatever has been written off in the seized document was not the figment of imagination - There is no doubt about the fact that while framing the assessment even under Section 143 (3) of the Act, the Assessing Officer may omit to make certain additions of income or omit to disallow certain claims which are not admissible under the provisions of the Act thereby leading to escapement of income whether the CIT (A), in exercise of power under Section 251 (1) (a) of the Act has the power to enhance the assessment in the manner done in the instant case - According to the assessee the CIT (A) had discovered a new source of income not considered by the AO in his order and, therefore, the CIT (A) had no such power under Section 251(a) (a) of the Act - when this matter/item is considered but addition on that account is not made in the assessment order, it would clearly follow that the Assessing Officer had “determined” the same in the course of assessment by deciding not to make any addition - Decided against the assessee
|