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2015 (10) TMI 2485 - ITAT DELHI

2015 (10) TMI 2485 - ITAT DELHI - TMI - Assessment u/s 153A - Held that:- Assessments in both these cases 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 addtions are purely based on the material already avaiblae on record. Hence, all the additions in both the cases are deleted - Decided in favour of assessee - ITA Nos. 501 & 502/Del/2015 - Dated:- 19-10-2015 - SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMB .....

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2008-09). 2. The brief facts of the case are brought out in the Ld. CIT(A) s order vide para no. 2 which is extracted below for ready reference. 2. The brief facts of the case as culled out from the assessment order are that the appellant, an individual, derived income from 'salary' and 'other sources'. A search and seizure operation u/s 132 of the I. T. Act, 1961 was conducted by the Investigation Wing of the department in Nussli (Switzerland) Ltd. group of cases on 19.10.2010 .....

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n of income on 30.03.2009 declaring a total income of ₹ 2,23,051/-. Subsequently, notices us 143(2) and 142(1) along with detailed questionnaire were issued and served upon the appellant. In response to the same, the AR of the appellant attended the assessment proceedings and filed the required details and information, which were examined and discussed by the Assessing Officer. Thereupon, the assessment was completed in terms of order u/s 153A read with section 143(3) dated 11.03.2013 at a .....

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ase, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in framing the impugned assessment order u/s 153A/143(3) without assuming jurisdiction as per law and without serving the valid notices as per law and without recording requisite satisfaction as per law and without obtaining requisite approval as per law and without complying with other mandatory conditions under the Act and without serving the mandatory notices uls 143(2) and 142(1) of Income Tax Act, 1961. 2. That .....

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action of Ld. CIT(A) in confirming the action of Ld. AO in making addition of ₹ 2,10,000/- on account of foreign travel and framing the impugned assessment order is contrary to law and facts, void ab initio, and without giving adequate opportunity of hearing, by recording incorrect facts and findings and the same is not sustainable on various legal and factual grounds. 4. That the appellant craves the leave to add, modify, amend or delete any of the grounds of appeal at the time of hearin .....

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our of the assesee and against the Revenue by the decision dated 28.8.2015 of the Hon ble Delhi High Court in the case of CIT vs. Kabul Chawla passed in ITA No. 707, 709 and 713/2014 held has under:- 37. On a conspectus of Section 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned ITA Nos. 707, 709 and 713 of 2014 of decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132 of the Act, notic .....

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h the search takes place. The AO has the power to assess and reassess the 'total income' of the aforementioned six years in separate assessment orders for each of the six years. In other words there will be only one assessment order in respect of each of the six AYs in which both the disclosed and the undisclosed income would be brought to tax . iv. Although Section 153 A does not say that additions should be strictly made on the basis of evidence found in the course of the search, or ot .....

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