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2019 (11) TMI 338

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..... ent, therefore, it is clear that no incriminating material was found and seized during the course of search from the possession of assessee despite search was conducted in the case of assessee also The Judgment in the case of Meeta Gutgutia [2017 (5) TMI 1224 - DELHI HIGH COURT] have been confirmed by the Hon’ble Supreme Court by dismissing the SLP of the Department [2018 (7) TMI 569 - SC ORDER]. In view of the above facts, we are fo the view that the issue is covered by the Judgments of Hon’ble Delhi High Court (supra). Therefore, no additions could be made against the assessee. In this view of the matter, we set aside the Orders of the authorities below and delete both the additions in both the assessment years. Appeals of Ass .....

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..... submissions of the assessee in the impugned orders. The Ld. CIT(A) further noted that search and seizure action under section 132 of the Act was carried on 15.02.2014 in the case of AMG Group of cases at 17A Krishna Nagar, Delhi. Property No.D-343, Sector-47, Noida is owned by the assessee and residential Flat was being constructed on the said plot. It is further noted that on the day of search statement of Sri L.K.Yadav was recorded on oath, in which, he has stated that the documents recovered from him pertains to the assessee and in the said documents, the detail of payment made by assessee to the contractor for the construction of the house is recorded. The amounts were paid partly by cheque and partly by cash. Certain other documents we .....

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..... ase of assessee and no incriminating material was found against the assessee. However, some documents were found in search in the case of Sri L.K. Yadav. The A.O. on the basis of those papers recovered from third party inferred that assessee has made payments by cheque and cash for construction of house. Copy of the seized paper is available on record which contains that claimed but not paid . There is no other facts stated in the seized document, therefore, it is clear that no incriminating material was found and seized during the course of search from the possession of assessee despite search was conducted in the case of assessee also. The Hon ble Delhi High Court in the case of CIT vs., Kabul Chawla (supra) held as under : The issue that .....

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..... incriminating material qua the AY for which he sought to make additions of franchisee commission. 70. The above distinguishing factors in Dayawanti Gupta (supra), therefore, do not detract from the settled legal position in Kabul Chawla (supra) which has been followed not only by this Court in its subsequent decisions but also by several other High Courts. 71. For all of the aforementioned reasons, the Court is of the view that the ITAT was justified in holding that the invocation of Section 153A by the Revenue for the AYs 2000-01 to 2003-04 was without any legal basis as there was no incriminating material qua each of those AYs. Conclusion 72. To conclude : (i) Question (i) is answered in the negative i.e., in favour of the Assessee and ag .....

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