9911796707
TMI Blog2021 (4) TMI 786X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 11.03.2019 on the following substantial questions of law: "(i) Whether even in the case of search in the case of the Appellant under Section 132 of the Act when no material related to the impugned addition for the relevant year was found and seized, the assessment under Section 153A of the Act was sustainable in the case of the Appellant for the relevant year? (ii) When contemporary materials found would show that investment was made by the other party who was associated with the Appellant, the addition made under Section 69 of the Act in the hands of the Appellant was sustainable when there was no contrary material to support the case of the Revenue? (iii) Whether the orders of the CIT (Appeals) as well as the Tribunal were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mined. 3. The assessee thereupon filed an appeal before the Commissioner of Income Tax (Appeals) who by an order dated 25.06.2016 dismissed the appeal. The assessee thereupon filed an appeal before the tribunal. During the pendency of the appeal before the tribunal, the assessee filed an application under Section 154 of the Act, before the Commissioner of Income Tax (Appeals). The tribunal by an order dated 14.07.2017 inter alia held as under: We have considered the rival submissions as well as the relevant material on record. We have earlier considered this point while dealing with the Ground Nos.1 to 3 and found that the CIT (Appeals) granted more than sufficient opportunities to the assessee however the conduct of the assessee is manif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its. It is also urged that an opportunity should be given to the assessee for submitting the documents to show that addition could not be made in the hands of the assessee. On the other hand, learned counsel for the revenue submitted that despite opportunity being given before the tribunal, the assessee has not availed of the aforesaid opportunity. It is further submitted that since the relief of the assessee has already been granted in proceedings under Section 154 of the Act, therefore, the issue with regard to validity of the order passed by the tribunal has been rendered academic. 6. We have considered the submissions made by learned counsel for the parties and have perused the record. It is not in dispute that subsequently, the Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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