TMI Blog2018 (4) TMI 120X X X X Extracts X X X X X X X X Extracts X X X X ..... e lower authorities on this aspect of the case. In presence of these facts, we deem it expedient in the interest of justice that the matter should go back to the file of the ld. CIT(A) for deciding the appeal of the assessee on legal aspect as well as on merits of additions afresh. - Decided in favour of assessee for statistical purposes. - ITA Nos. 704 & 705/Del./2012 - - - Dated:- 1-2-2018 - Shri Bhavnesh Saini, Judicial Member and Shri L.P. Sahu, Accountant Member Appellant by Sh. K. Sampath, Advocate Respondent by Ms. Rachna Singh, CIT/DR ORDER These appeals by the assessee are directed against separate orders of the ld. CIT(A)-XXV, New Delhi dated 12.12.2011 for the assessment years 2004-05 and 2005-06. The assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to ground no. 3a above, the payment of interest was an allowable expenditure, it the addition of loan is confirmed. c. The Id. CIT(Appeals) erred in confirming the addition of ₹ 400/- on account of payment of commission on alleged loan of ₹ 4,00,000- without there being any material on record and without any basis whatsoever. 4. The authorities below erred in not appreciating the fact that the alleged letter (Hundi) regarding the loan of ₹ 4,00,000/- was found in possession of Shri Brij Mohan Gupta at his residence at Gali Hinga Beg, Tilak Bazar, Delhi, whereas the same should have been found in possession of the lender of the amount as is the practice in the case of such loans. 5. The ld. CIT (Appeals) er ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is statements, Shri Brij Mohan Gupta admitted his involvement in the unaccounted cash hundi transactions/cash loan transactions on behalf of various parties and earning of brokerage on such transactions. Therefore, the Assessing Officer of the searched person recorded satisfaction that the above documents found during the course of search belong to the assessee and handed over the same to the Assessing Officer of the assessee for initiation action u/s. 153C of the Act. Therefore, the Assessing Officer of the assessee initiated proceedings u/s. 153C and supplied the copy of reasons recorded and copy of Hundi to the assessee. He found that the transaction of cash loan of ₹ 4,00,000/- having been made through Shri Brij Mohan Gupta was no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee on admission of additional ground. The ld. DR also filed a written synopsis on this issue which is placed on record. She contended that the decision of Hon ble Supreme Court in NTPC Ltd. (supra) is not applicable to the present case on the premise that in the instant cases the issue that the order u/s 143(3)/153A/153C were barred by limitation was not raised by the Appellant before the CIT(A); that this issue has not been adjudicated upon by the CIT(A) and does not emanate from the order of the First Appellate Authority; that the order is barred by limitation is not strictly a legal issue but is based on a finding of fact that was not raised before and hence amounts to acquiescence by the assessee; that this issue does not a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the decision of Hon ble Supreme Court in NTPC s case that the legal issues can be raised by the litigant at any stage of proceedings. The additional grounds raised by the assessee being legal in nature going to the root of the matter, therefore, deserve to be admitted on record. We, however, find that there is nothing on record from the side of assessee as to how the impugned assessment order is being termed as barred by limitation. It is, however, an undisputed fact that this issue was never raised by the assessee before the authorities below and therefore, there is no decision of the lower authorities on this aspect of the case. In presence of these facts, we deem it expedient in the interest of justice that the matter should go back to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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