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2015 (12) TMI 368 - DELHI HIGH COURT

2015 (12) TMI 368 - DELHI HIGH COURT - [2016] 389 ITR 382 - Additions in the block assessment - CIT(A) deleted the addition confirmed by ITAT - Held that:- Factually, the Revenue has not been able to dispute that the additions sought to be made by the AO were not on account of any material unearthed during the search but as a result of enquiry made subsequently. In the circumstances, the Court finds no legal infirmity in the order of the ITAT deleting the additions in question. - Decided in favo .....

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TAT') in ITA No. 5556 (Del)/96 for the block period 1986-87 to 1996-97. 2. The Assessee is engaged in the manufacture and trading of high tensile fasteners. A search and seizure operation was conducted on 29th September 1995 on the Assessee and other group companies. On the basis of the material seized during the search, proceedings were initiated by the issue of notice to the Assessee under Section 158BC of the Act on 11th January 1996. The Assessee filed its block return on 3rd July 1996 d .....

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of accounts of the Assessee by holding that it was not business expenditure. (b) An addition of ₹ 6,00,846 in respect of the alleged job work done by the sister concern of the Assessee on the ground that it was bogus expenditure. (c) An addition of ₹ 20,146 on account of the payment made to M/s. Madhvi International for the job work done for the period ending September 1995. (d) An addition of ₹ 2,49,74,935 being the expenses allegedly occurred on account of job work purportedl .....

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he Court framed the following questions of law for consideration: "1. Whether the ITAT has rightly interpreted the scope and jurisdiction of the Assessing Officer in the block assessment proceedings? 2. Whether the ITAT was right in law in deleting addition of ₹ 20,146/- on alleged job work payment to Madhvi International, ₹ 2,64,926/- on account of personal expenditure of directors on travelling, ₹ 6,00,846/- on account of alleged job work charges, ₹ 50,000/- on acc .....

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