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TMI Blog2021 (12) TMI 1386X X X X Extracts X X X X X X X X Extracts X X X X ..... 83/Del/2013. 2. It is the case of the appellant that on 31.10.2008 a search and seizure operation under Section 132 of the Income Tax Act, 1961 (hereinafter referred to as the 'Act') was carried out in the Raj Darbar Group of cases. During the search operation certain incriminating documents belonging to the respondent company were also seized and, therefore, proceedings under Section 153C of the Act were initiated against the respondent vide notice dated 21.07.2010. It is claimed that during the post search enquiries and assessment proceedings, it was gathered that about 25 companies all having addresses in Kolkata applied for allotment of shares of the respondent and later family members/companies of the Raj Darbar Group bought back the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l). 5. We find no merit in the submissions made by the learned counsel for the appellant. Both, the learned CIT (Appeals) as also the learned ITAT, have found that the Assessing Officer has not made use of any seized documents while making additions to the total income of the respondent under Section 68 of the Act. The finding of the learned ITAT in this regard is reproduced hereinbelow: "9. We further observe that the learned Assessing Officer while farming the assessment order has not referred to any seized documents belonging to the assessee found during the course of search proceedings. In the remand proceedings the learned Assessing Officer has also submitted that no any incriminating materials have been referred to while framing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of completed assessment. The learned Department Representative could not be able to controvert the contention of the assessee that no assessment was pending for the impugned year for abatement, as the time for making any scrutiny assessment u/s. 143(3) stood expired on 31.12.2005. The ld. DR also failed to adduce any incriminating material found in the search leading to the impugned addition." 6. This Court in its order dated 19.02.2020 directed the appellant to file an affidavit disclosing whether any of the books and papers seized relating to the respondent is relevant to the additions made by the Assessing Officer under Section 68 of the Act while passing the assessment order dated 22.12.2010. The relevant extract from the order is as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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