TMI Blog2021 (2) TMI 1186X X X X Extracts X X X X X X X X Extracts X X X X ..... d the assessment was not pending on the date of search. In the proceedings before the CIT(A) as well as the ITAT, the Revenue has not made any attempt as to disclose the incriminating material. The view taken by the tax authorities based on the decision of CIT Vs. Kabul Chawla [ 2015 (9) TMI 80 - DELHI HIGH COURT ] cannot be held to be perverse. The questions of law proposed by the Revenue ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f ₹ 89,60,410/-. The return was processed on 06.03.2010. Subsequently, on 30.03.2012, a search and seizure operation under Section 132 was initiated in the case of the assesse, as part of Jaypee Group. During search, data of the computers found at the premises was cloned and seized alongwith certain documents. Thereafter, on 05.08.2013, a notice under Section 153A of the Act was issued. Purs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ations. The net effect of profit and loss shifting in the code of assessee-company has been suppressed in its books of accounts. Accordingly an amount of ₹ 36,04,06,198/- was added to the income on account of Client Code Modification. Further, a sum of ₹ 1,40,67,365/- was added to the income of the assessee for selling the equity shares of DLF to Mr. Gaurav Arora, who is a Director ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submits that findings of the ITAT are perverse in as much as the incriminating material was infact found during the course of search and therefore additions were justified. In support of his submissions, he refers to para 2 of the assessment order which records that during the course of search incriminating documents and evidences have been found and seized. The data is the computer was also clon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings before the CIT(A) as well as the ITAT, the revenue has not made any attempt as to disclose the incriminating material. Even in the present appeal, the revenue is unable to explain or give us any indication about the same. 6. The findings of facts returned by CIT(A) and ITAT are not be interfered with lightly. The view taken by the tax authorities based on the decision of CIT Vs. Kabul Chaw ..... X X X X Extracts X X X X X X X X Extracts X X X X
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