TMI Blog2020 (12) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... submissions of both the parties the matters for all these six years is remanded to the record of the Assessing Officer for re-adjudication of the issue of addition on merits after considering the explanation of the assessee including withdrawals made by the assessee from the bank account. Needless to say the assessee be given a proper opportunity of hearing. As regards, the legal issue raised by the assessee challenging the validity of the addition made by the AO in the absence of any incriminating material found and seized during the course of search and seizure operation the same is kept open to be agitated by the parties, if need arises. AO is directed to give finding of fact whether any incriminating material was found and seized dur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of any incriminating material found or seized during the course of search and seizure action. The CIT(A) while passing the order under section 250 dated 26th February, 2018 dismissed the appeals of the assessee and confirmed the addition made by the AO. Since the CIT(A) has not adjudicated the issue of validity of the addition made by the AO in the absence of incriminating material therefore, the assessee filed petition under section 154 of the Act for adjudication of the said ground raised by the assessee. The said application of the assessee was dismissed by the CIT(A) vide order dated 17.09.2018. Thus the assessee has filed these two set of six appeals one is against the order passed by the CIT(A) under section 250 and another against th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is liable to be deleted and also the assessment is liable to be abated. 4. That in any view of the matter before the CIT(A) a specific ground no.1 was taken by challenging the validity of assessment in absence of any search material but the learned Commissioner of Income Tax (appeal) in her order dated 26/02/2018 kept silence and no finding was recorded nor the specific ground was adjudicated hence the action of the Commissioner of Income Tax (appeal) is totally incorrect and against the laws. 5. That in any view of the matter addition of ₹ 12,84,211/- made by the assessing officer in the light of discussion in para 4 of the order on the basis of bank account by considering only credit entry ignoring debit entry as well as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed because the assessee never anticipated earlier about the said addition because the added amount is not the real income of assessee. 11. That in any view of the matter the appellant reserves his right to take fresh ground of appeal before hearing of the appeal. 3. Similarly the grounds raised in the appeals against the order passed under section 54 in ITA Nos. 353 to 258/ALLD/2018 are as under:- 1. That in any view of the matter the order dated 17.09.2018 u/s 154 r.w.s. 250 of the IT Act passed by the Commissioner of Income Tax (Appeal)-III, Lucknow is totally unjustified, incorrect and illegal as she failed to consider the raised legal issue duly supported by settled law hence the said order is liable to be declared illegal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h allegation liable to be sponged as such question of giving any cognizance to such fact does not arise and the assessee is seriously objecting such finding/observation in the order. 5. That in any view of the matter application dated . 2 / 04/2018 u/s 154 of the IT Act filed before the Commissioner of Income Tax (Appeal)-III, Lucknow was not properly considered and more so the legal issue was also left from consideration as the application u/s 154 of the Act was rejected in arbitrary manner, hence the order dated 17.09.2018 passed by the Commissioner of Income Tax (Appeal)-III, Lucknow is liable to be declared invalid and void. 6. That in any view of the matter the appellant reserves his right to take any fresh ground before hear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , this is a factual aspect and requires a proper verification of record. Thus the learned CIT DR has fairly submitted that the AO may examine the facts on this aspect. 6. Having considered the rival submissions as well as the relevant record, it is noted that the Assessing Officer has made the addition for these six years on account of unexplained deposits in the bank account of the assessee. Now the assessee has contended that the additions were made by the AO by considering the deposits only made during the year without taking into account the corresponding withdrawals by the assessee. Thus it is pleaded that the addition if any can be made only for the peak credit in the bank account of the assessee. Since this issue of considering th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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