TMI Blog2019 (8) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... ial and since in the instant case, there is no evidence whatsoever on record that any incriminating material was found during the course of search and since the addition was made on the basis of certain inquiries conducted subsequent to the search on the basis of return already filed, therefore, on this issue itself addition has to be deleted. The issue in the present case is identical with that of the decision given by the Tribunal as the same is son of the assessee herein. In fact, now the son only representing the assessee after her death. Therefore, the CIT(A) rightly allowed the appeal of the assessee. Thus, appeal of the revenue is dismissed. - I.T.A. No. 516/Del/2017, I.T.A. No. 522/Del/2017 - - - Dated:- 31-7-2019 - Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re taking ITA No. 516/Del/2017 for Assessment Year 2011-12. The assessee is an individual. During the year, the assessee earned income from house property and other sources. The assessee filed return of income for year under consideration declaring a total income of ₹ 9,08,750/-. A search and seizure operation was conducted on 03.10.2013 in Jakson Group of cases u/s 132 of the Act. Correspondingly, assessment u/s 153A initiated in case of assessee, notice u/s 153A(1) of the Act was served upon the assessee and assessee filed original ITR in response to same. Notice u/s 142(1) along with questionnaires were served upon the assessee and in respect of thereto, the authorized representative of the assessee at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... des, perused the orders of the AO and the CIT(A) and the paper book filed on behalf of the assessee. We have also considered the various decisions cited before us. We find the assessee in the instant case has filed his original return of income on 30th March, 2012 declaring total income of ₹ 3,92,11,220/-. In response to notice u/s 153A of the IT Act, the assessee filed return in response to notice u/s 153A on 5th January, 2015 declaring the same income. The assessee in his return of income had claimed exemption of long term capital gain of ₹ 5,62,61,726/-. The assessment order was passed u/s 143(3) read with section 153A by making addition of the long term capital gain as bogus. From the order of the assessing officer, we find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the books of accounts and no incriminating material whatsoever was found during the course of search . Therefore, the said decision in our opinion is not applicable to the facts of the present case. 26. It has come to our notice subsequent to the hearing that the Hon'ble Delhi High Court in the case of Pr. CIT vs. Meeta Gutgutia reported in 2017 (5) TMI 1224 has held that addition cannot be made in absence of any Incriminating material and the decision in the case of Smt. Dayawanti Gupta has been duly considered. So far as the decision of Hon'ble Kerala High Court in the case of E. N. Gopal Kumar (supra) relied by the Ld. Dr is concerned, we find the said decision is of a non-jurisdictional High Court and the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pleted the Section 153A assessment by adding amounts under Section 60A to the tune of ?5,62,61,726/- for AY 201 1-12. The CIT (A) and the ITAT concurrently granted relief to the assessee in the appellate proceedings holding that no fresh incriminating material was seized warranting the additions during the search. Both the appellate authorities relied upon the judgment of this Court in CIT v. Kabul Chaw la, 380 ITR 573. In these circumstances, the Court is of the opinion that no question of law arises as the ratio in Kabul Chawla (supra) applied. The appeal is, therefore, dismissed. In the present case also there is no unaccounted transaction found during the course of search. The capital gain tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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