TMI Blog2022 (5) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... ision is the law as of today on the subject rendered by the Hon ble Karnataka High Court. We find no grounds to interfere in the order of the CIT(A). Consequently, these appeals by the Revenue are dismissed. In view of the above conclusions, we do not deem it necessary to examine whether the initiation of proceedings under section 153C - ITA Nos.494 to 497/Bang/2021 - - - Dated:- 19-4-2022 - SHRI N. V. VASUDEVAN, VICE PRESIDENT AND MS. S. PADMAVATHY, ACCOUNTANT MEMBER Revenue by : Dr. Manjunath Karkihalli, CIT(DR)(ITAT), Bengaluru. Assessee by: Shri. V. Chandrashekar, Advocate ORDER Per Bench These are 4 appeals by the Revenue against the common order dated 31.03.2021 of CIT(A)-11, Bengaluru, relating to Assessment Years 2011- 12, 2013-14, 2014-15, 2015-16. 2. The grounds of appeal raised by the Revenue in all these appeals are identical. For the sake of ready reference, we give below the grounds of appeal for Assessment Year 2011-12, which reads as follows: 1. The order of the CIT(A) is opposed to law and facts of the case. 2. The CIT(A) has erred in holding that there is no incriminating material to support initiation of proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 A/DAS/01 129-133, 213-242 2 A2/SUN/133A 2-6 3 A2/SUN/133A 16-42 4 Statement of Shri. D A Srinivas Recorded on 26.09.2016 at the office premises of M/s KBD Sugars and Distilleries. 5. The Assessing Officer of M/s. Srinivasa Trust after recording satisfaction that the seized documents mentioned above belongs to the assessee and has a bearing on the total income of the assessee handed over the above seized material to the AO of the assessee. Upon receipt of the seized material, the AO of the assessee proceeded to make an assessment in accordance with the provisions of section 153C of the Income-Tax Act, 1961 for A.Y.2011-12, 2013-14 to 2015-16. 6. It is also worthwhile to mention that prior to search in the case of M/s. Srinivasa Trust on 23.09.2016, there was another search on 06.08.2012 and in pursuance of the said search as assessment under section 153C of the Act was also passed for all these 4 Assessment Years in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3,90,73,187/- 3,90,73,I87/- Long-term with indexation 19,74,56,561/- 19,74,56,561/- 19,74,56,561 19,74,56,561/- 19,74,56,561/ - Income from other Sources - - 9,37,052 - 937052/- Gross Income 89,93,76,719/- 89,93,76,719/- 90,03,13,771 89,93,76,719/- 900313771/- Less: Chapter VIA Deduction - - - - - Total Income 89,93,76,720/- 89,93,76,720/- 90,03,13,771 89,93,76,720 90,03,13,771 For Assessment Year 2014-15: Income/ Deductions As per R.I. u/s.139 (In Rs.) As per Section 143(1) As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income from 3,37,34,054/- - other Sources 435951590 3,37,34,054/- 87134251 Gross Income 38,34,51,393/- - - 38,34,51,393f - 43685159, 11 Less: Chapter VIA Deduction 9,00,000/- - 9,00,000/- 9,00,000/- Total Income 38,25,51,390/- 38,25,51,390/- 43,59,51,590 38,25,51,390/- 43,69,51,690 It can be seen from the above charts that the same income adopted in first assessment order under section 153C or the total income declared under section 139(1) or assessed in an earlier order under section 143(3) or under section 153C of the Act has again been assessed for these 4 Assessment Years. The submission of the assessee before CIT(A) was that the assessment orders framed for all these 4 Assessment Years are not based on any incrimina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he orders of assessment based on seized materials then they cannot be considered as undisclosed income. 9. It was also held that where additions which were made in earlier assessment proceedings were being repeated and the same has resulted in duplicity of additions and duplicity of demand, the interest of the department is not in any way disturbed as the original assessments are in various stages of appeal for the respective assessment years. 10. The CIT(A), following the said decisions, deleted additions made to the total income which were already made in the orders under section 143(3) of the Act. 11. Aggrieved by the order of CIT(A), the Revenue has preferred the present appeals before the Tribunal. 12. We have heard the submissions of the learned DR who reiterated the stand of the Revenue contained in the grounds of appeal filed before the Tribunal. Learned Counsel for the assessee relied on the order of the CIT(A). Considering the rival submissions, we are of the view that the order of the CIT(A) does not call for any interference. Admittedly, none of the additions made in these 4 appeals are based on any incriminating material found in the course of search in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
