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Smt. Rashmi Wadhwa Versus DCIT, Central Circle-8, New Delhi

2016 (1) TMI 1093 - ITAT DELHI

Assessment u/s 153A - Addition on account of low house hold withdrawals - Held that:- As order passed u/s. 153A r.w.s. 143(3) were not made, based on any incriminating material found or seized during the course of search of thereafter. The additions are purely based on the material already available on record. Hence, all the additions in both the cases are deleted and the ground raised by the assessee in both the appeals are allowed - Decided in favour of assessee - ITA No. 5184/Del/2014 - Dated .....

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as made by Ld. AO and has further erred in sustaining the addition to the extent of ₹ 2,10,000/- on account of house hold withdrawals u/s 69C of Income Tax Act, 1961. 2. That in any case and in any view of the matter, action of Ld. CIT(A) in not deleting the adhoc addition to the extent of ₹ 2,10,000/- fully as made by Ld. AO is bad in law and against the facts and circumstances of the case and in any case impugned addition is beyond the scope and jurisdiction of the impugned assess .....

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on of ₹ 2,10,000/- made by the AO on account of low house hold withdrawals. 4. Facts of the case in brief are that a search and seizure operation u/s 132 of the Income Tax Act, 1961 (hereinafter referred to as the Act) was conducted at the business/residential premises of the assessee on 19.10.2010. Thereafter, a notice u/s 153A of the Act was issued on 08.01.2013. In response to the said notice, the assessee filed the return of income declaring an income of ₹ 4,02,687/- on 07.08.200 .....

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ars 2008-09 & 2009-10 respectively in assessee s own case (copy of the said order was furnished which is placed on record). 6. In his rival submissions the ld. DR supported the orders of the authorities below and further submitted that the assessee was one of the assessees on whom the Income Tax Department has conducted a search and multiple government agencies like CBI, Enforcement Directorate, Delhi Police etc. were investigating the alleged fraud done by them during Common Wealth Games, N .....

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r house hold expenses. Therefore, the addition was rightly made by the AO and the ld. CIT(A) was fully justified sustaining the same. In the rejoinder the ld. Counsel for the assessee submitted that no incriminating material was found during the course of search and the withdrawals were made by the family members for the house hold expenses which were sufficient to meet out the needs of the family. Therefore, the addition made by the AO and sustained by the ld. CIT(A) was not justified. 7. We ha .....

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A Nos. 707, 709, 713/2014 order dated 28.08.2015 deleted the addition and the relevant findings have been given in paras 5 & 6 of the order dated 19.10.2015 which read as under: 5. Admittedly no incriminating material was found or seized during the course of search and seizure operation u/s. 132 of the Act in the case of the assessee. It is also not in dispute, that the assessment for both these assessment years have not abated. Under the circumstances, I find that the issue is covered in fa .....

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ce under Section 153 A (1) will have to be mandatorily issued to the person searched requiring him to file returns for six Ays immediately preceding the previous year relevant to the AY in which the search takes place. ii. Assessments and reassessments pending on the date of the search shall abate. The total income for such AYs will have to be computed by the AOs as a fresh exercise. iii. The AO will exercise normal assessment powers in respect of the six years previous to the relevant AY in whi .....

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ther post-search material or information available with the AO which can be related to the evidence found, it does not mean that the assessment can be arbitrary or made without any relevance or nexus with the seized material. Obviously an ITA Nos. 707, 709 and 713 of 2014 of assessment has to be made under this Section only on the basis of seized material. v. In absence of any incriminating material, the completed assessment can be reiterated and the abated assessment or reassessment can be made .....

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