TMI Blog2017 (3) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... il Aggarwal, Adv. For The Department : S h. S.S. Rana, CIT(DR) ORDER PER H.S. SIDHU : JM This Appeal is filed by the Assessee against the Order dated 26.7.2013 of the Ld. CIT(A)-XXXIII, New Delhi relevant to assessment year 2007-08 on the following grounds:- 1. On the facts and in the circumstances of the case, the ld. CIT(A) erred in upholding the validity of order passed by the AO u/s. 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 ₹ 20,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time. After considering the same, AO made the addition of ₹ 7,58,360/- u/s. 40A(3) of the I.T. Act and completed the assessment at an income of ₹ 10,73,550/- vide his order 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 Properties Pvt. Ltd. for AY 2009-10 dated 3.7.2012; copy of order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 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 section 153A of the Income Tax Act, 1961, because no incriminating material or evidence had been found during the course of search so as to doubt the transactions. It was noticed that as on the date of search i.e. 21.1.2011, no assessment proceedings were pending for the year under consideration and the AO wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 other post-search material or information available with t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... od completed. Since no incriminating material was unearthed during the search, no additions could have been made to the income already assessed. 7.1 We also note that in the case of M/s Marichika Properties Pvt. Ltd. for AY 2009-10, the ITAT, Delhi vide its order dated 30.10.2015 has quashed the assessment by which the issue in dispute is also covered, because the facts and circumstances of the case are exactly similar and identical to that case of M/s Marichika Properties, as aforesaid and also the group on which the search and seizure operation was carried was similar i.e. Amtek Group of Cases. 8. Respectfully following the precedent of the Hon ble Jurisdictional High Court in the case of CIT vs. Kabul Chawla, as aforesaid, we al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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