TMI Blog2017 (1) TMI 1401X X X X Extracts X X X X X X X X Extracts X X X X ..... surrendering in the case of a particular company or person and particular head of income and as such failure of the Revenue authorities, addition cannot be made without any basis for A.Y 2010- 11. Even during assessment proceedings the AO either at the post search stage or during assessment proceedings could not bring any cogent material to show that such undisclosed income under such head has been surrendered for A.Y 2010-11 - Decided against revenue - ITA No. 6446/Del/2013 - - - Dated:- 13-1-2017 - Sh. N. K. Saini, AM and Sh. Sudhanshu Srivastava, JM Assessee by : Sh. Sanjeev Bindal, CA Revenue by : Ms. Seema Raj, CIT DR ORDER Per N. K. Saini, AM: This is an appeal by the department against the order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Total 19.00Cr. 4. Being aggrieved the assessee carried the matter to the ld. CIT(A) who deleted the addition by observing in para 3.15 of the impugned order as under: 3.15 After considering the arguments of the AR and the judicial pronouncements cited by him, I am of the view that, sole reliance on the statement u/s 132(4) and without any pointer (at least) to the possible areas of suppression of income, cannot be a sufficient and valid ground, for making such huge addition to the total income. Sh. Ram Kishan Gupta was not asked to provide, in detail, the nature of the additional income which was being surrendered. This missing point has not been made up eit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On careful consideration of allegations made by the AO for making the impugned addition, it is vivid that the AO made addition in present A.Y 2010-11 in pursuance to some alleged discrepancies pertaining to A.Y 2009-10. In our considered opinion, if any allegation of discrepancies relating to accounting of income has been found in report of any other particular year i.e. A.Y 2009-10 in the present case, then the fact may be considered for making addition or disallowances, if permissible and sustainable under the provisions of the Act but not in the other period relevant to other A.Y, such as A.Y 2010-11 in the case in hand. 10. We are in agreement with the conclusion recorded by the first appellate authority that the surrender was not m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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