TMI Blog2019 (9) TMI 1036X X X X Extracts X X X X X X X X Extracts X X X X ..... s recorded by the Assessing Officer and the additions are not based on any incriminating material found but on the basis of the books of account regularly maintained or unearthed, during the course of search therefore, the various additions made by the Assessing Officer are not sustainable. We, therefore, uphold the order of the CIT(A) deleting the additions made by the Assessing Officer on this ground itself. The grounds raised by the revenue are accordingly dismissed. - ITA No.1420/Del/2016 - - - Dated:- 23-9-2019 - Sh. R. K. Panda, Accountant Member And Ms. Suchitra Kamble, Judicial Member For the Appellant : Ms. Nidhi Srivastava, CIT DR For the Respondent : Ms. Sweety Kothari, CA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls so furnished by the assessee he observed that a major portion of this expenses was on account of foreign travel. He noted from the details filed that Smt. Beena Modi was travelling extensively. He further noted that Ms. Beena Modi is also full time employee of following companies from where she had received salary the details of which are as under :- M/s. Beacon Travels Pvt. Ltd. 12,00,000/- M/s. Bina Fashions N Food Pvt. Ltd. 24,00,000/- M/s. HMA Udyog Ltd. 41,79,232/- M/s. Indo Euro Investment Co. Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. In appeal the Ld. CIT(A) deleted the various additions made. The relevant findings of the CIT(A) from 7.1.1. read as under :- 7.11 From the various arguments as put forth by the appellant and as per the discussions made in the foregoing paragraphs, the following position emerges: a) On the date of search, the assessment stood completed and not abated. b) The document seized during search cannot be termed as incriminating in nature as the information contained therein does not lead to any undisclosed income and not substantial enough to initiate proceedings under section 153C/153A of the Act. c) The due procedure for recording of satisfaction as envisaged by la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade under section 153C/153A of the Act and accordingly, the addition has not been sustained, the other grounds relating to the merit of this case has not been considered. However, in the case of depreciation on land the AO may take suitable action, if permitted under law, as under this proceedings no interference can be made looking to the decision of the Hon'ble Delhi High Court in ITA No.707/2014 and 709/2014 vide order dated 28.08.2015 in the case of CIT vs. Kabul Chawla. Subject to these remarks, appeal is decided in favour of the appellant. 8. Aggrieved with such order of the CIT(A), the revenue is in appeal before the Tribunal by raising the following grounds of appeal :- 1. That on the facts a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g that no incriminating document was seized as the requirement of seized documents being incriminating in nature for initiation of proceeding u/s 153C is not given in the Act. The only requirement is that the seized document should have a bearing on the determination of total income. 5. That the order of the CIT(A) is perverse, erroneous and is not tenable on facts and in law. 6. That the grounds of appeal are without prejudice to each other. 7. That the appellant craves leave to add, amend, alter or forgo any ground(s) of appeal either before or at the time of hearing of the appeal. 9. The Ld. Counsel for the assessee at the outset submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e instant case are one and same, therefore, the findings of the CIT(A) that due process of recording of satisfactions u/s. 153 C has not been followed is incorrect. 12. Referring to the provision to section 153C of the Act she submitted that there is nothing in the Act that provisions of section 153C cannot be invoked, in absence of any incriminating document found or seized during the course of search. The only requirement is that the seized document should have a bearing on the determination of the total income. She accordingly submitted that the order of the CIT(A) is erroneous and, therefore, should be set aside. 13. We have considered the rival arguments made by both the sides and peru ..... X X X X Extracts X X X X X X X X Extracts X X X X
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