TMI Blog2020 (1) TMI 1627X X X X Extracts X X X X X X X X Extracts X X X X ..... ade. As the issue involved in the instant case is squarely covered by the decisions of Kabul Chawla [ 2015 (9) TMI 80 - DELHI HIGH COURT] and CIT vs. Meeta Gutgutia [ 2017 (5) TMI 1224 - DELHI HIGH COURT] and case of Smt. Sanjana Mittal[ 2019 (3) TMI 1757 - ITAT AMRITSAR] wherein also the dictum laid down in Kabul Chawla case supra) has been followed, hence we are inclined to delete the addition made by the AO and sustained by the Ld. CIT(A). Decided in favour of assessee. - ITA No. 193/Asr/2019 - - - Dated:- 1-1-2020 - Sh. N.K. Choudhry, Judicial Member And Dr. A.L. Saini, Accountant Member For the Appellant : Sh. Ashray Sarna (Ld. CA). For the Respondent : Smt. Prabhjot Kaur (Ld. CIT- DR). ORDER PER N.K.CH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of loan should not be taxed as deemed dividend as per provisions of section 2(22)(3) of the Act. In response to which, the assessee had relied upon the decision of Delhi High Court in the case of CIT (Central) vs. Kabul Chawla, reported at 380 ITR 573 (Delhi), and submitted that no incriminating article has been recovered during the course of search from the assessee or residential premises of the assessee and even the assessment stands processed and completed u/s 143(1) of the Act. Hence, no addition is called for. The Assessing Officer while relying upon the judgment passed by the Kerela High Court in the case of E.N. Gopal Kumar vs. CIT(Central) reported at 390 ITR 131 (Ker) wherein it was held that the statue nowhere makes it c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use the issue relating to material not found during the search was considered to be open in Anil Kumar Bhatia (supra) whereas the same was already decided in that case. Consequently, the case decided in Chetan Das Lachman Das (supra) was not distinguishable from the case of Kabul Chawla (supra). 6. Having heard the parties at length and perused the material available on record. It was claimed by the Asseeee 0that the Income Tax Return for the relevant assessment year 2012-13 has already been processed and completed on dated 23.03.3013 u/s 143(1) of the act. Whereas a search operation u/s 132 was carried out at the residential premises of the assessee on 11.02.2016. Further the material i.e., back up data stored in various computers lying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (i) E.N. Gopal Kumar vs. CIT (Central) reported 390 ITR 131(Kerela High Court) (ii) CIT vs. Raj Kumar Arora, 52 Taxmann.com.172 (iii) CIT vs. K.P. Ummaer, Prop. Star Rolling Mill [2019] 413 ITR 0251 (iv) Canara Housing Development Co. vs. DCIT 49 taxmann.com 98, (v) CIT vs. Anil Kumar Bhatia 24 taxmann.com 98 (vi) CIT vs. Chetan Das Luchman Das 25 taxmann.com 227. 9. There are many judgments of various High Courts in favour of the assessee s contention, however for the sake of brevity, we are mentioning few. (1) CIT vs. Kabul Chawala 61 taxmann.com 412 (2) Pr. CIT vs. Dharampal Premchand Ltd. [2018] 408 ITR 0170 (Delhi High Court) (3) Pr. CIT vs. Sunrise Finlease (Pvt.t) Ltd. [2018] 305 CTR (Guj) 421 (Gujrat H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een laid down by the Hon'ble Court as laid down in the CIT vs. Kabul Chawla (supra), hence it cannot said that law laid down by Delhi High Court in Kabul Chawla case {supra} is not a good law as claimed by the Ld. CIT DR. Even otherwise the cases relied upon decided by the High Courts have not been confirmed by the Hon ble Apex Court, hence, the view which favors the assessee and/or the judgments which favours the assessee are required to the respectfully followed . 11. While coming to the instant case, though the Ld. CIT DR also relied upon the judgment of apex Court in Dy. CIT Vs Zuari Estate Development and Investment Co. Ltd. [2015] 373 ITR 661 and submitted that any intimation issued u/s 143(1) cannot be considered as assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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