TMI Blog2016 (7) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... e view expressed by the Ld CIT(A) on this issue. We also notice that the assessee has failed to furnish any credible explanation with regard to the unaccounted cash referred above. In view of the above, we set aside the order of ld CIT(A) on this issue and restore the addition made by the AO. - Decided against assessee Addition pertaining to the unaccounted payments claimed to have been paid to the officials of NHAI - addition was deleted by the Ld CIT(A) on the ground that the AO did not confront the NHAI officials and the assessee company’s officials - Held that:- AO presumed that the amount mentioned above represent “amount in lakhs of rupees”. Accordingly, the AO has taken “1.00” as “One lakh rupees”. Considering the quantum of work undertaken by the company and the position of the officials mentioned above, in our view, it would be reasonable to presume that the amounts noted in the seized materials represent “amounts in lakhs”. The assessee, having failed to rebut the presumption, in our view, the AO was justified in making the addition of ₹ 30,25,850/-. Accordingly, we set aside the order of Ld CIT(A) on this issue and restore the addition made by AO.- Decided aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT to invoke revision proceedings under section 263 of the Act. The scope of revision proceedings initiated under section 263 of the Act was considered by Hon'ble Bombay High Court, in the case of Grasim Industries Ltd. V CIT (321 ITR 92) by taking into account the law laid down by the Hon'ble Supreme Court. The relevant observations are extracted below: Section 263 of the Income-tax Act, 1961 empowers the Commissioner to call for and examine the record of any proceedings under the Act and, if he considers that any order passed therein, by the Assessing Officer is erroneous in so far as it is prejudicial to the interests of the Revenue, to pass an order upon hearing the assessee and after an enquiry as is necessary, enhancing or modifying the assessment or cancelling the assessment and directing a fresh assessment. The key words that are used by section 263 are that the order must be considered by the Commissioner to be erroneous in so far as it is prejudicial to the interests of the Revenue . This provision has been interpreted by the Supreme Court in several judgments to which it is now necessary to turn. In Malabar Industrial Co. Ltd. v. CIT [2000] 243 ITR 83, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d any infirmity in the revision order passed by Ld. Administrative Commissioner. 4. The Appeal numbered as IT (SS)A 01/C/2009 has been filed by the revenue against the order dated 24.10.2008 passed by Ld CIT(A) on the assessment order passed u/s 143(3) while giving effect to the revision order passed u/s 263 of the Act. The revenue is challenging the jurisdiction of the Ld CIT(A) in admitting and adjudicating the appeal filed by the assessee before him on the ground that the assessment order passed on the directions of the Administrative commission would fall outside the jurisdiction of Ld CIT(A). The contentions raised by the revenue, in our view, are not in accordance with the scheme of the Act. The revenue has not adduced any authority to the contentions so raised by it. It can be noticed that the Administrative Commissioner only directs the AO to examine certain issues and it is the exclusive right and prerogative of the AO to take a view in accordance with law after the examining the issues that were set aside to him by the Administrative Commissioner. There cannot be any dispute that the view taken by the AO cannot be taken as the view of the Administrative Commissioner. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he above said payments as well as the cash seized from Sri Anup Kumar Shah as the undisclosed income of the assessee. The assessee challenged the order of the AO before Ld CIT(A), who deleted both the additions referred above. Hence the revenue is in appeal before us. 7. The first issue relates to the addition of ₹ 14,78,500/- relating to the cash seized by the department. The Ld CIT(A) deleted the same on the reasoning that the person from whom the cash was seized, i.e. Shri Anup Kumar Shah should have been considered as the owner of the cash as per the presumption provided u/s 132(4A) of the Act. 8. We have heard the parties on this issue and perused the record. There cannot be any dispute that the presumption provided u/s 132(4A) is a rebuttable presumption. Though the cash was seized from Shri Anup Kumar Shah, he has explained that the same was handed over to him by Shri S.K.Jain, the Vice President of the company. The AO has taken statements from Shri S.K.Jain and he has accepted that he has given an amount of ₹ 15.00 lakhs to Shri Anup Kumar shah and he further stated that the said cash was sent through a person named Shri Ashok Kumar Singh. Shri S.K.Jain ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mentioned as under in the seized materials. G.M. 1.00 Managers (12 bills) 1.90 A/c section (12 bills) 0.30 The AO presumed that the amount mentioned above represent amount in lakhs of rupees . Accordingly, the AO has taken 1.00 as One lakh rupees . Considering the quantum of work undertaken by the company and the position of the officials mentioned above, in our view, it would be reasonable to presume that the amounts noted in the seized materials represent amounts in lakhs . The assessee, having failed to rebut the presumption, in our view, the AO was justified in making the addition of ₹ 30,25,850/-. Accordingly, we set aside the order of Ld CIT(A) on this issue and restore the addition made by ld CIT(A). 10. We shall now take up the appeal filed by the assessee which is numbered as IT(SS)A 57/C/2008. This appeal is preferred against the order dated 24.10.2008 passed by Ld CIT(A)-II, Kochi against the assessment order passed u/s 143(3) r.w.s. 263 of the Act. The assessee is assailing the decision of ld CIT(A) in confirming the followi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
