9911796707
TMI Blog2019 (10) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 and order dated 19.10.2012 passed in ITA No. 39/Del/2012 for the block assessment year 1997-98 to 2003-04. 2. Income Tax Appeal No. 604 of 2012 was admitted on 22.05.2012 on substantial question of law nos. 1 and 2, and on 11.02.2019 additional substantial question of law nos. 4 and 5 were added, which are hereasunder: "(1) Whether the Ld. Income Tax Appellate Tribunal was correcting in law in deleting the Addition of Rs. 3,82,66,276/- and Rs. 1,00,00,000/- by holding that additions in fresh assessment cannot exceed the additions made in the set aside assessment ignoring that the assessment was completed according to the direction of Ld. ITAT itself to frame the assessment on the basis of seized material and documents u/S 158BB(1) of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mposed under Section 158 BFA (2) when the assessee did not fulfill any of the conditions prescribed in the Section." 4. Both the appeals are being heard together and decided by a common order. 5. The brief facts of the case are, that respondent-assessee being a partnership firm was engaged in business of civil construction. A search and seizure was conducted under Section 132 of the Income Tax Act on 23.12.2002, in the residential premises of working partner of the firm, Baljeet Singh Bakshi, Arvind Puri and Baldev Singh Bakshi. Search was also carried on the business premises of the firm and another shared business premises situated at 187-A/ Abu Lane, Meerut. During the course of search, several incriminating materials, along with some ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2003-04 in respect of all additions except estimation of income of Rs. 51,44,968/-, while the ITAT remanded back the matter to the Assessing Officer for re-examination and re-deciding the matter in the light of observation so made as regards the assessee's appeal. The ITAT remanded the matter to the AO with the direction to compute income under Section 158 BD (1) and decide the issue of unexplained expenditure of Rs. 5,88,500/- with the specific direction. 9. Assessing Officer in remand proceeding completed the assessment on 31.12.2009 by making an addition on account of unexplained expenditure Rs. 3,82,66,276/- suppression of receipts and inflation of expenses Rs. 1,00,00,000/- and illegal payments of Rs. 6,38,500/-. Thus, the assessi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entries whether recorded in regular books of accounts or without any date would constitute income of the assessee, that to undisclosed income. The Tribunal had remanded the matter with a direction to complete assessment under Section 158 BD based on seized material, but the Assessing Officer determined the taxable income of Rs. 4,82,66,276/- as against addition of Rs. 51,44,968/- has put the assessee in more adverse situation which is not permitted in law, and the addition cannot be made under Section 158 BD of the Act merely on presumption that assessee had earned undisclosed income and had incurred expenses outside the books of accounts. 12. We have heard learned counsel for the parties and perused the material on record. 13. We find t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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