TMI Blog2014 (2) TMI 260X X X X Extracts X X X X X X X X Extracts X X X X ..... and seizure operations but has not mentioned the nature of documents - The CIT(A) has cancelled the assessments holding that documents did not belong to assessee – thus, the action of CIT(A) in annulling the assessments is not correct and is not as per law – orders of the CIT(A) set aside and the matter remitted back to the CIT(A) for re-adjudication – Decided in favour of Revenue. - I.T.A. No.3720 to 3723/Del/2010, Cross Objection Nos. 308 to 311/Del/2010 - - - Dated:- 31-1-2014 - Shri R. P. Tolani And Shri T. S. Kapoor,JJ. For the Petitioner : Ms. Sudha Kumari, CIT-DR. For the Respondent : Shri Suresh Anantharaman, FCA. ORDER Per TS Kapoor, AM: These are four appeals filed by the revenue against separate orders of L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st the assessee u/s 132(1) of the Act, nor any books of accounts, other documents or any other assets were requisitioned u/ s 132A of the Act and hence the assessment made u/s 153C/ 153A of the Act is invalid. 3. The order dated 24.12.2007 passed u/s 153C read with Section 143(3) of the Act is without jurisdiction. 4. It is contended that the additions made in the order u/s 153C/ 153A of the Act are not qua search material and need to be deleted. 5. That no corresponding seized material was found in the course of search for subject additions and the relevant Income Tax Return for the said Assessment Year was filed prior to the search in normal course suo moto disclosing the particulars of subject additions, which stood accepted u/ s 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... New Delhi in Income Tax Act, 1961 No.2660 to 2665/Del/2009. (ii) Jodhpur Bench of ITAT ruling in Suncity Alloys Pvt. Ltd. vs. ACIT, (2009) 124 TIJ 674. (iii) Kolkata Bench of IT AT ruling in LMJ International, 119 TIJ 214. 12. That the Commissioner of Income Tax (Appeals) has erred in not deciding the issues (Grounds of Appeal) raised by the appellant on the merits of the case. 13) It is contended that the sum of Rs.5,53,752/- being the Commission . Income is taxable under Chapter IV-D (income from business and profession) of the Act and not under Chapter IV-F (income from other sources) of the Act. 2. The brief facts of the case are that during search and seizure operations on the premises of Shri Manvinder Singh, M/s Flex Indust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r a period of time. The expression belonging to the assessee connoted both the complete ownership and limited ownership of interest. Of course, belonging to is capable of connoting interest which is less than absolute perfect legal title. However, there should be some limited ownership of interest, if it is to be permitted that the assets belong to the assessee. In the instant case, the documents seized during the search cannot be termed to be indicating any limited interest of the ownership of the appellant in such documents. This is clear from the fact that no addition has been made by the Assessing Officer on the basis of these documents. The language used in section 153C of the Act is materially different from the language used in secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll these documents belong to assessee. In his reply, the Ld AR submitted that documents did not belong to the period under consideration and they belonged to period not covered by the assessment year which were reopened and therefore Ld CIT(A) has rightly annulled the assessments. He further argued that satisfaction was not recorded by Assessing Officer and therefore initiation was invalid and relied upon the case law of DSL Properties Ltd. reported at 33 Taxman.com 420. Further continuing his arguments he submitted that additions were not made on the basis of material found during survey. 7. We have heard the rival submissions of both the parties and have gone through the material available on record. While going through the assessment o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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