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M/s SUMITRA BUILDERS AND DEVELOPERS PVT. LTD. Versus DCIT, CENTRAL CIRCLE-14, NEW DELHI

Additions made u/s 153A - Held that:- AO has completed the assessment and made the addition in dispute without any incriminating material found during the search and seizure operation and the addition in this case was purely based on the material already available on record. Hence, the addition in the case is deleted. See Commissioner of Income Tax (Central) -III Versus Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT ] - Decided in favour of assessee - I.T.A. No.5674/DEL/2013 - Dated:- 3-3-2017 .....

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153A on 3.7.2012. 2. On the facts and in the circumstances of the case, the Ld. CIT(A) erred in partly allowing the appeal as he ought to have fully allowed the appeal. 3. On the facts and in the circumstances of the case, the Ld. CIT(A) erred in not giving a finding that wherever the cash payments did not exceeds ₹ 20,000/-, no disallowance can be made u/s. 40A(3). 4. On the facts and in the circumstances of the case, the Ld. CIT(A) erred in holding that wherever he land is shown as work .....

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facts of the case are that a search and seizure operation u/s. 132 of the I.T. Act, 1961 was carried out on 23.3.2011 in the case of Amtek Group of Cases. The assesses M/s Sumitra Builders and Developers Pvt. Ltd., 910, Answal Bhawan, 16, KG Marg, New Delhi - 110 001 which was also covered u/s. 132(1) of the Income Tax Act, 1961. Subsequently, the case was centralized and accordingly, notice u/s. 153A of the I.T. Act, 1961 was issued to the assessee on 2.12.2011. In response to the said notice, .....

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rder dated NIL passed u/s. 153A/143(3) of the I.T. Act, 1961. 3. Against the aforesaid assessment order, assessee preferred an appeal before the Ld. CIT(A), who vide impugned order dated 26.7.2013 has partly allowed the appeal of the assessee. 4. Aggrieved with the order of the Ld. CIT(A), the Assessee is in appeal before the Tribunal. 5. During the hearing, Ld. Counsel of the assessee has filed a Paper Book containing pages 1 to 37 having the copy of the assessment order of M/s Marichika Proper .....

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rein the various decisions of the Hon ble High Court including the Hon ble Jurisdictional High Court decision in the case of CIT vs. Kabul Chawla have been followed. He further stated that relating to upholding the validity of the order of assessment passed u/s. 153A is squarely covered in favor of the assessee by the decision dated 28.8.2015 of the Hon ble Delhi High Court passed in the case Commissioner of Income Tax vs. Kabul Chawla reported (2016) 380 ITR 573 (Del.) wherein the Hon ble High .....

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authorities below and stated that the provision of section 153A has rightly been applied in the case of the assessee on the material available with them. Hence, the appeal of the Assessee may be dismissed. 7. We have heard both the counsel and perused the relevant records available with us, especially the orders of the revenue authorities and the cases referred by the Ld. Counsel of the Assessee in the shape of Paper Book. We find that the additions made by the AO are beyond the scope of sectio .....

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seized material or other material for the year under consideration having being found during the course of search in the case of assessee, leave alone the question of any incriminating material for the year under appeal. Therefore, in our considered opinion, the action of the AO is based upon conjectures and surmises and hence, the additions made is not sustainable in the eyes of law, because this issue in dispute is now no more resintegra, in view of the decision dated 28.8.2015 of the Hon ble .....

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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 which the search takes place. The AO has .....

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ion 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. The word 'assess' in Sectio .....

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