TMI Blog2010 (5) TMI 890X X X X Extracts X X X X X X X X Extracts X X X X ..... ses of M/s. Ohm Organizers, Surat on 29.10.1999. Certain books of accounts and documents relating to the assessee were also seized. The AO found that certain investment in purchase of flats/ shops were made by the assessee and payment of on-money was made by him to the builder. Thereafter certain inquiries were carried out from the assessee u/s 133(6) by way of notice issued on u/s. 133(6). Further letters were also issued. However, notice u/s 158BD was issued to the assessee on 04.02.2005. In the impugned order, the ld. CIT(A) upheld the legality of action u/s 158BD. Following the decision in the case of ACIT vs. Vimal Vadilal Shah and vice-versa and others [ 2010 (5) TMI 889 - ITAT AHMEDABAD] , we hold that the block assessment famed i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case as well as law on the subject, the ld. CIT(A) has erred in partly confirming the action of the AO in making addition of ₹ 2,10,087/- out of total addition of ₹ 4,82,098/- made by A.O. for alleged undisclosed income for block period. (3) On the facts and in circumstances of the case as well as law on the subject, the ld. CIT(A) has erred in confirming the action of the Assessing Officer in making addition of ₹ 95,022/- for alleged unexplained income. 3.1. Subsequently the assessee also raised additional ground vide letter dated 01.04.2010, wherein it is stated that this additional ground be substituted in place of Ground No. 1 taken in original grounds of appeal. The said additional ground reads as unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers of authorities below. We admit the additional ground for adjudication in view of the judgment of the Hon ble Supreme Court in the case of National Thermal Power Corporation Ltd. vs.- CIT [1998] 229 ITR 383 (SC). Admittedly, in this case, search under section 132 of the Act was carried out in the business premises of M/s. Ohm Organizers, Surat on 29.10.1999. Certain books of accounts and documents relating to the assessee were also seized. The Assessing Officer having jurisdiction over the case of M/s. Ohm Organizers, Surat found that certain investment in purchase of flats/ shops were made by the assessee and payment of on-money was made by him to the builder. Thereafter certain inquiries were carried out from the assessee under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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