9911796707
TMI Blog2021 (7) TMI 1236X X X X Extracts X X X X X X X X Extracts X X X X ..... common order. 2. The grounds raised in both the appeals of the assessee are common and identically worded. In brief, grievance of the assessee is that the notice issued under section 153C of the Income Tax Act, 1961 upon the assessee and asking it to file return of income, was illegal and without jurisdiction. Therefore, the assessment order deserves to be quashed. 3. We have duly considered rival submissions and gone through the record carefully. At the outset, it is brought to our notice that exactly similar issue has come up before the Tribunal in the case of Dharmen Marble & Stone Vs. ACIT, in IT(SS)A.No.285/Ahd/2018 for the Asstt.Year 2011-12. The Tribunal vide order dated 11.6.2021 held that since the addition on which notice under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 011-12 6. After examination of the details, and discussion held with the AR of the assessee & as in preceding paras of this order and subject to the details made available by the assessee, the total income of the assessee is computed as under: Income from Business & profession (as per return) Rs. 12,77,989/- Unexplained money u/s.69 (as in para 5.2) Rs. 50,00,000/- Total income Rs. 62,77,989/- Assessed Income (Rounded off) Rs. 62,77,990/- Asstt.Year : 2013-14 6. After examination of the details, and discussion held with the AR of the assessee & as in preceding paras of this order and subject to the details made available by the assessee, the total income of the assessee is computed as under: Income from Business & profess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of assessees because notices under section 153C have been issued on number persons. Therefore, it is necessary to record a finding on the legal issue. 6. On due consideration of the above facts and circumstances, we are of the view that addition made by the AO has already been deleted by the CIT(A) on merit. The order of the CIT(A) has not been challenged by the Revenue in further appeal. Therefore, adjudication of legal issue at this stage would only an academic exercise. It is not going to materially affect the assessee in any manner. No other proceedings, in consequence to this proceeding qua the assessee are pending. Therefore, we do not deem it necessary to devote time energy for resolving an academic litigation. To our mind, to some ..... X X X X Extracts X X X X X X X X Extracts X X X X
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