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2015 (12) TMI 551 - AT - Income TaxUndisclosed investment, unexplained loans and unexplained share application money - assessments u/s. 153A/153C - CIT(A) deleted the addition admitting additional evidence - Held that:- We do not see any additional evidence being admitted by the CIT(A) in disposing of this issue. Assessee only stated the dates and amounts involved and entire information was available with AO consequent to the search and seizure proceedings. Since the Revenue has raised the ground only on the issue of additional evidence and since we do not find any additional evidence being taken/ admitted by the CIT(A), there is no merit in the Revenue's ground. Accordingly, the same is rejected. Order of CIT(A) in deleting the additions cannot be upheld. It is true that ITAT Special Bench in the case of All Cargo Logistics Ltd., Vs. DCIT [2012 (7) TMI 222 - ITAT MUMBAI(SB)] held that in cases where assessments are not abated, the assessment u/s. 153A will be made on the basis of incriminating material. However, this opinion that not upheld by the jurisdictional High Court in the case of Gopal Lal Badruka Vs. DCIT [2012 (6) TMI 657 - ANDHRA PRADESH HIGH COURT] which was rendered on 15-12-2011 much before the order of the CIT(A). In fact, CIT(A) is bound to follow the jurisdictional High Court order. Not only the jurisdictional High Court, but also the Hon'ble Allahabad High Court and Delhi High Courts (supra) have held that for completing the assessments u/s. 153A/153C, AO could take into consideration material other than what was available during the search and seizure operation. In view of this, we are of the opinion that the order of CIT(A) cannot be upheld. It is one of the contentions of AO that Assessee has not furnished any information in the course of assessment proceedings. Therefore, without going into the merits of the additions made, we are of the opinion that these issues should be re-examined by the AO by giving proper opportunity to Assessee. Decided in favour of revenue for statistical purposes.
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