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TMI Blog2015 (4) TMI 545X X X X Extracts X X X X X X X X Extracts X X X X ..... are being disposed of by a common order for the sake convenience. 2. Ground no. 2 of the assessee's appeals, which is common in both the appeals, reads as under: "2. That learned Commissioner of Income tax (Appeals) has grossly erred both in law and on facts in sustaining the initiation of proceedings under section 153C of the Act which was without jurisdiction as no document belonging to the assessee company was found from the premises of the searched person and thus, the proceedings initiated under section 153C of the Act should have been quashed as such." 3. At the time of hearing, before us, it was submitted by the ld. counsel of the assessee that search & seizure operation u/s 132 of the I.T. Act was carried out on 5-1-2009 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, at the most the matter can be sent back to the file of AO for verification as per the finding of the ITAT in the case of Devi Dayal Petro Chemical Pvt. Ltd. (supra) in para 9.2 of their order. 5. In rejoinder, it is submitted by the ld. counsel for the assessee that in the case of Devi Dayal Petro Chemical Pvt. Ltd. (supra), the ITAT directed the AO to verify the year to which the documents belonged. However, in the case of the assessee this work has already been done by the AO and the addition has been made in AY 2009-10. He was fair enough to point out that the assessment for assessment year 2009-10 has been quashed by the ld. CIT(A) because the notice u/s 143(2) was issued after more than 12 months from the end of the month in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Act, 1961 carried out at 9, KG Marg, New Delhi the residence of Sh. Ravinder Kumar Taneja and office premises of various TDI group of companies. In the light of the above, I am satisfied that the above case is a fit case for issuing notice under section 153C of the Income Tax Act, 1961 as the seized documents mentioned above belong to Brightways Housing and Land Development Ltd. being a person other than a person in whose case the search has been initiated. (Gagan Sood) DCIT,CC-18, New Delhi" 6.1. From the above it is evident that pages 19 to 23 of Annexure A7 was the document which was found at the time of search of Taneja-Puri group and which was considered as belonging to the assessee. We find that in the assessment order for AY ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eration paid in cash and recorded as miscellaneous. 9. The' details of total deal value and amount received as 'Misc' in cash as contained in pages 19 to 23 is calculated below:- Shop No. Total Deal Mise received FF-06 6916500 3816500 FF-20 993000 475000 FF*31 4867900 2434900 FF-30 4867900 2434900 GF-05 9859500 5959500 GF-04 11268000 6768000 GF-01 14009000 12009000 GF-27 6827100 3427100 GF*26 7041600 NIL GF-35 6400000 3200000 'GF-27 6827100 3427100 GF..Q3 13900000 6950000 GF-19 11312100 5712100 FF*17 5142000 0.2942 FF-10 5580800 2536742 FF-9 7562400 3437442 GF-46A 4100000 1640000 GF-18 8375000 5025000 TOTAL 72195284 10. Seized page 24 further sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;ble Jurisdictional High Court in the case of SSP Aviation Ltd. - 346 ITR 177. At page 189 of the report in paragraph 17, their Lordships held as under:- "The section merely enables the Revenue authorities to investigate into the contents of the document seized, which belongs to a person other than the person searched so that it can be ascertained whether the transaction or the income embedded in the document has been accounted for in the case of the appropriate person. It is aimed at ensuring that income does not escape assessment in the hands of any other person merely because he has not been searched under section 132 of the Act. It is only a first step to the enquiry, which is to follow. The Assessing Officer who has searched the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the years to which the seized documents do not belong. For the year to which the seized documents belonged, he will verify whether the transaction reflected by the seized documents are duly accounted for in the books of account. If the transactions are duly accounted for in the books of account, as contended by the learned counsel, the Assessing Officer will drop the proceedings initiated under Section 153C. However, if for the year to which the seized documents belonged, the transaction reflected by the seized documents is not recorded in the books of account, the proceedings under Section 153C will continue and the Assessing Officer will make the assessment afresh in accordance with law. Since we have set aside all the years under appeal, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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