TMI Blog2016 (12) TMI 1876X X X X Extracts X X X X X X X X Extracts X X X X ..... the subject matter raised in these appeals is covered by the alleged settlement petition of M/s. M.D. Patel Group and the result thereof. It is made clear that the Assessing Officer will verify necessary records and the assessees will fully co-operate in this matter. In case of non-cooperation by the assessees, the ld. Assessing Officer will be at liberty to take appropriate view in accordance with law. Accordingly, both the appeals are allowed for statistical purposes. Addition of additional grounds - addition made on unexplained gifts received by the assessee and on substantive basis on account of alleged unexplained capital/interest income/donation etc - HELD THAT:- All these issues involve Settlement Petition and income owned up by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue : Shri K. Madhusudan, Sr DR ORDER PER R.P. TOLANI, JUDICIAL MEMBER:- This appeal by the assessee is directed against the order of the Learned Commissioner of Income-Tax (Appeals)-V, Surat dated 15.03.2013 for Assessment Year 2001-02. 2. Following grounds are raised:- (i) The Learned Commissioner of Income Tax (Appeals) has erred in law and in facts in confirming addition of ₹ 4,82,953/- on account of unexplained investment u/s 69 of the Income Tax Act, 1961; (ii) The learned Commissioner of Income Tax (Appeals) has erred in law and in facts in confirming addition of ₹ 73,182/- on account of treating agricultural income as income from undisclosed sources. 3. Ld. Counsel for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll fully co-operate in this matter. In case of non-cooperation by the assessees, the ld. Assessing Officer will be at liberty to take appropriate view in accordance with law. Accordingly, both the appeals are allowed for statistical purposes. 3.1 Assessee has raised following additional grounds of appeal vide application dated 11.08.2016:- 1. The learned CIT(A) has erred in law and on facts in not deleting the addition of ₹ 90,000/- made by the Assessing Officer on account of alleged unexplained gifts received by the assessee. 2. The learned CIT(A) has erred in law and on facts in not deleting the addition of ₹ 2,02,07,402/- made by the Assessing Officer on substantive basis on account of alleged unexplained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sments are in pipe line on the issue of owning up on income of connected entities. This being so, the additions raised by way of additional grounds as a logical consequence will be deleted after verification. The ITAT order in the case of Smt. Alkaben Amrutram Guru and Kanchanlal Natwarlal Rana (supra) also refers to the Settlement Petition of M/s. M.D. Patel Group which is identical to assessee s case. Since the assessment itself is being set aside, all the material being on record, no new facts will be required or brought on record before the lower authorities qua the additional grounds which are already subject matter of impugned assessment.. (ii) The additions in question are subject matter of assessment and by inadvertence remain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e record of lower authorities. Besides, in number of appeals involving similar issues are being successively set aside back to the file of the AO. Excluding the assessee from similar treatment amounts to violation of principle of natural justice, double taxation and not conducive for a fair and proper assessment which is ordained by law. 7. We have heard the rival contentions, perused the material available on record and gone through the orders of the authorities below. We find merits in the contentions of the ld. Counsel for the assessee. In our considered view, all these issues involve Settlement Petition and income owned up by M/s. M.D. Patel Group in respect of all the constituents. It is not disputed that the assessee is connecte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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