TMI Blog2021 (10) TMI 1137X X X X Extracts X X X X X X X X Extracts X X X X ..... (A) has been pointed out by the Revenue. In such a situation, we find no reason to interfere with the order of CIT(A) and thus the ground of Revenue is dismissed. - ITA No. 4174/Del/2018 - - - Dated:- 14-10-2021 - Anil Chaturvedi , Member ( A ) And Suchitra Kamble , Member ( J ) For the Appellant : Sunita Singh , CIT ( D. R. ) For the Respondents : Vinod Kumar Bindal , C. A. ORDER Per Anil Chaturvedi , AM This appeal filed by the Revenue is directed against the order dated 28.03.2018 of the Commissioner of Income Tax (Appeals) - 3, Gurgaon relating to Assessment Year 2009-10. 2. The relevant facts as culled from the material on records are as under: 3. Assessee is a company stated to be engaged in the busines ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a finding that the only addition made in the assessment order u/s. 153A r.w.s 143(3) of the Act was on account of unexplained cash credit u/s. 68 of the Act amounting to ₹ 7,65,00,000/- and the addition was not based on any incriminating material found during the search action. He has further noted that no incriminating document/record or any other material found was seized during the course of search proceedings which resulted into any addition. He thereafter by relying on the decision rendered by Hon'ble Delhi High Court in the case of Kabul Chawla reported in 380 ITR 573 held that in the absence of any incriminating document/material no addition could be made in the case of the assessee. Aggrieved by the order of CIT(A), Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings u/s. 147 of the Income Tax Act, 1961 cannot be initiated. (v) Whether on the facts and in the circumstances of the case the Ld. CIT(A) was right in following Delhi High Court decision in the case of CIT vs. Kabul Chawla 380 ITR 173 when the Hon'ble HC itself admits in Para 37(iv) that Although section 153A does not say that additions should strictly be made on the basic of evidence found in course of search.... there by interpreting the statute in the manner which were never worded or intended by the legislature. (vi) Whether on the facts and in the circumstances of the case the Ld. CIT(A) has erred in ignoring the principles of strict interpretation of statute when the words used in the statute i.e. sec. 153A(1)(b] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available on record. The issue in the present case is with respect to the addition made u/s. 68 of the Act in the assessment framed u/s. 153A(1)(a) of the Act. We find that CIT(A) while deciding the issue in favour of the assessee has given a finding that the original return of income filed by assessee was processed u/s. 143(1) of the Act and at the time of search action no assessment or reassessment proceedings were pending or abated. He has further given a finding that the addition made u/s. 68 of the Act was not based on any incriminating document/record or any other material found/seized during the course of search proceedings. Before us, no fallacy in the findings of CIT(A) has been pointed out by the Revenue. In such a situation, we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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