TMI Blog2019 (4) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... ut of any income earned by the assessee in the year under consideration. In absence of any explanation in respect of the cash found during the previous year corresponding to the assessment year 2011-12, the addition should have been made only in the assessment 2011-12 and not in the assessment year under consideration. In view of the settled position of law on this issue, we set aside the order of the lower authorities and direct the Assessing Officer to delete the addition in the year under consideration. The additional ground raised by the assessee is accordingly allowed. - ITA No.4570/Del/2016 - - - Dated:- 29-1-2019 - Shri Amit Shukla, Judicial Member And Shri O.P. Kant, Accountant Member For the Appellant : Shri Ashwani Kumar, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l the facts in respect of the additional ground are available on the record and no new investigation of the facts is required and the issue involved is purely question of law. 3. On the issue of admission of the additional ground, both the parties were heard. It is settled law that additional ground involving legal issue can be admitted at any stage of the appellate proceedings unless investigation of the new facts is required. As all the facts in respect of the additional ground are available on record and no investigation of new facts is required, following the decision of the Hon ble Supreme Court in the case of NTPC (supra), we admit the above grounds raised as additional ground. 4. Briefly stated facts of the case as culled o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 5. Before us, supporting the additional ground, the Ld. counsel of the assessee has submitted that the search action on the bank locker of the assessee was carried out on 09/09/2010 and, thus, any addition for cash found in the locker could have been made only in the assessment year 2011-12 corresponding to the previous year 2010-11 i.e. the previous year in which locker was searched. But the Assessing Officer has made addition in the current assessment year, which is assessment year 2009-10, and therefore, the action of the Assessing Officer is not in accordance with law. He, accordingly, submitted that addition made in the year under consideration requires to be deleted. 6. The Ld. DR though relied on the order of the lower au ..... X X X X Extracts X X X X X X X X Extracts X X X X
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