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Dy. CIT (OSD) , Range-1, Ahmedabad Versus Smt. Madhu Khurana and others

2015 (7) TMI 281 - ITAT AHMEDABAD

Validity of the assessment framed u/s 153Ar.w.s. 153C & 143(3) - Held that:- As relying on case of Rajesh Rajora vs. Union of India [2015 (7) TMI 194 - MADHYA PRADESH HIGH COURT] wherein held that section 132 of the Income-tax Act, 1961 –Search and seizure (Validity of search) –Search and seizure proceedings were conducted in premises of a Government Officer on warrant issued by Director, on basis of a document found during search conducted in premises of another person about 9 months before –Wh .....

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ued merely on hypothecated grounds, and therefore, issuance of warrant of authorization and subsequent search and seizure proceedings were liable to be quashed –Held, yes - Decided in favour of assessee. - IT(SS)A No.137/Ahd/2013,CO No.142/Ahd/2013,IT(SS)A Nos.138 & 139/Ahd/2013,CO No.143 & 144/Ahd/2013 - Dated:- 29-6-2015 - Shri G. D. Agarwal and Shri Shailendra Kumar Yadav, JJ. For the Petitioner : Shri Sanjay Agrawal, CIT, DR For the Respondent : Shri S. N. Soparkar, AR ORDER PER SHAILENDRA .....

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assessee had failed to discharge its onus to explain the nature and source of cash deposits. 2. That the ld. CIT(A) has erred in law and on facts in deleting the addition of ₹ 33,94,973/- made u/s 69 as unexplained investment in shares despite the fact that the assessee had failed to discharge its onus to explain the nature and source of investment in shares. On the fact and in the circumstances of the case and in law, the ld. CIT(A) ought to have upheld the order of the Assessing Officer .....

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cumstances of the appellant s case, the ld. CIT(A) has grossly erred in rejecting the grounds no.1 & 2 with regard to validity of the assessment framed u/s 153Ar.w.s. 153C & 143(3) on the ground that the appellant has failed to substantiate the objections raised by her. Considering the law and facts as well as circumstances of the case, he ought to have held that the order passed by the ld.AO is ultra vires to the scope of section 153C of the Act and therefore the same requires to be qua .....

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e. He ought to have deleted the same. 4) In law and on the facts and circumstances of the appellant s case, the ld. CIT(A) has grossly erred in rejecting Ground No.7 of the appellant s appeal before him challenging the initiation of penalty proceedings u/s 271(1)(c) of the Act. He ought to have appreciated, inter alia, that in the peculiar facts and circumstances of the appellant s case, there was no basis, warrant or justification for initiating the penalty proceedings u/s 271(1)(c) of the Act, .....

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seized and information by way of satisfaction note along with LPS-2 and LPS-3 was passed on to the office. Therefore, a notice u/s 153C of the Act was issued on 01.11.2011 and the same was served on the assessee on 02.11.2011, requesting the assessee to file the return of income within 21 days from the service of the notice. 4.1 In response, the assessee vide letter dated 08.11.2011 requested for the reasons recorded, relevant materials and details as to when such materials was received and from .....

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IT(A) who has partly allowed the appeal of assessee. The Revenue is in appeal before us against the deletion of addition whereas the assessee has filed the cross objection raising the issue of validity of the assessment framed u/s 153A r.w.s. 153C & 143(3). 4.2 At the outset, the ld. counsel for the assessee submitted that in the facts and circumstances of the case the order of the Assessing Officer passed under section 153C should be quashed. The ld. AR in support of his contention placed r .....

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h Court vide a writ petition No.13833 of 2010. The Hon ble High Court after considering the submissions of assessee and the entire facts and circumstances of the case quashed issuance of warrant and consequent search and seizure proceedings against Shri Rajesh Rajora. On the strength of the above decision of Hon ble Madhya Pradesh High Court, the ld. counsel for the assessee submitted that in the present appeal issue originated from above matter, so the consequent proceedings u/s 153C r.w.s. 153 .....

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rd we find that Hon ble Madhya Pradesh High Court in the case of Rajesh Rajora vs. Union of India (supra) has decided the issue in favour of assessee wherein the head note of the decision is as under :- Section 132 of the Income-tax Act, 1961 -Search and seizure (Validity of search) -Search and seizure proceedings were conducted in premises of a Government Officer on warrant issued by Director, on basis of a document found during search conducted in premises of another person about 9 months befo .....

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as issued merely on hypothecated grounds, and therefore, issuance of warrant of authorization and subsequent search and seizure proceedings were liable to be quashed -Held, yes (Para 15) (in favour of assessee). 4.4 In view of the above decision, which is original point in this case assessment order does not survive. So, we quash the impugned assessment proceedings. Thus, first ground of the Cross Objection is allowed. Since the assessment proceedings are quashed, the grounds raised in the appea .....

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dicated above. 6. In ITA No. 138/Ahd/2013 for A.Y. 2005-06 in case of husband, Revenue has filed appeal on following grounds: 1. That the ld. CIT(A) has erred in law and on facts in deleting the addition of ₹ 6,29,000/- made u/s 69A as unexplained cash deposit despite the fact that the assessee had failed to discharge its onus to explain the nature and source of cash deposits. 2. That the ld. CIT(A) has erred in law and on facts in deleting the addition of ₹ 4,17,000/- made u/s 69 as .....

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ssing Officer be restored to the above extent. The appellant craves, to leave, to amend or alter any ground or add a new ground which may be necessary. 7. In C.O. No.143/Ahd/2013 for A.Y. 2005-06, assessee has raised following grounds :- 1) In law and in the facts and circumstances of the appellant s case, the ld. CIT(A) has grossly erred in rejecting the grounds no.1 & 2 with regard to validity of the assessment framed u/s 153Ar.w.s. 153C & 143(3) on the ground that the appellant has fa .....

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nexplained cheque deposit u/s 69 of the Act. He ought to have deleted the same. 3) In law and in the facts and circumstances of the appellant s case, the ld. CIT(A) has erred in confirming the interest u/s 234A, 234B and 234C of the Act when no such interest is chargeable. He ought to have deleted the same. 4) In law and on the facts and circumstances of the appellant s case, the ld. CIT(A) has grossly erred in rejecting Ground No.7 of the appellant s appeal before him challenging the initiation .....

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