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TMI Blog2022 (1) TMI 1155X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment years 2004-05, 2005-06, 2006-07 and 2008-09. First, we will take up the appeal for assessment year 2004-05. ITA. No. 4985/Del/2018 : 2. The assessee has raised the following grounds of appeal:- "1. That the learned Commissioner of Income Tax (Appeals)-31, New Delhi has erred both in law and on facts in upholding the initiation of proceedings u/s 153 A of the Act and, framing of assessment u/s 153A/143(3) of the Act since no incriminating material was found as a result of search conducted on the appellant and therefore, both the notice issued and, assessment framed were without jurisdiction and, deserved to be quashed as such. 1.1 That additions made and sustained are without jurisdiction since they are not based on any material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In response, the assessee submitted that the return filed on 12.09.2005 should be considered as return filed in compliance to notice under Section 153A of the Act. The ld. Assessing Officer without referring to any material or any incriminating document found during the course of search, proceeded to make disallowance of interest as well as certain expenses on account of personal use and house-hold expenses. He made disallowance of 8,32,704/- us 36(1)(iii); Adhoc disallowance of expenses of Rs. 24,080/- for personal use; Disallowance of house-hold expenses of Rs. 1,00,000/- was made on ad-hoc basis; and an addition of Rs. 29,098/- for Miscellaneous income on the ground that there was a revised computation of income declaring total income of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... comparable to the Block assessment under chapter XIV-B where there was a concept of assessment of undisclosed income for the block period as a whole. " 5. After hearing both the parties and on perusal of the impugned order, we find that there is undisputed fact that the assessee had originally filed his return of income on 12.09.2005. The said return had attained finality and the income stood assessed on the return of income disclosed at Rs. 2,06,730/-. At the time of search on 7.01.2010, the assessment for the assessment year 2004-05 had attained finality and, therefore, it should be reckoned as 'unabated assessment' in terms of second proviso to Section 153A of the Act. It is an admitted fact that no incriminating material was found fro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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