TMI Blog2019 (5) TMI 1977X X X X Extracts X X X X X X X X Extracts X X X X ..... f explanation from the side of the assessee treated this said receipt of cash as commission / brokerage unexplained cash credit u/s.68 of the Act. Thus, no incriminating material was found during the course of search against all the three assessee for making addition u/s.68 - The issue is therefore covered by above judgments reproduced above. No addition could be made of this nature in the assessment order u/s.153A of the Income Tax Act. Appeal of assessee allowed. - I.T(SS)A.No’s.83 to 86/AHD/2017, 57 to 60/AHD/2017, 63 to 66/AHD/2017 - - - Dated:- 14-5-2019 - SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER For the Assessee : Shri Mitish Modi CA Shri Akshay Modi CA For the Revenue : Shri Sri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... treated as unexplained cash credit u/s.68 of the Income Tax Act. In all the assessment orders u/s.153A / 144 of the Income Tax Act, the Assessing Officer made the additions u/s.68 of the Income Tax Act. The Learned CIT(A) dismissed the appeals of the assessee. 3.1. Similarly, in the case of assessee Shri Ankit Manubhai Kachadiya the Assessing Officer similarly noted that this assessee has also earned commission income on diamond churi. In absence of any explanation from the side of the assessee cash receipt shown by the assessee was treated as unexplained cash credit u/s.68 of the Income Tax Act. The Assessing Officer passed assessment orders u/s.153A / 144 of the Income Tax Act in all the years. The Learned CIT(A) dismissed all the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted that original returns were filed in all the cases of three assessees for all the assessment years which have already been processed u/s.143(1) accepting the returned income and the time limit to issue notice u/s.143(2) has expired much before the date of search. Since no incriminating material was found during the course of search, as regards the additions made u/s.68 of the Income Tax Act, therefore, no additions could be made. He has submitted that additional grounds are legal in nature in all the appeals and go to the root of the matter, therefore, same may be admitted for hearing. In support of contention, he has relied upon following decisions i) Pr.CIT Vs. Meeta Gutgutia (2018) 96 taxmann.com 468 (SC) ; ii) CIT Vs. Saumya Constr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome Tax Act. The issue is therefore covered by above judgements relied upon by Learned Counsel for the assessee. It is a legal issue and goes to the root of the matter. No new facts shall have to be investigated, therefore, additional grounds raised above in all the appeals are admitted for the purpose of disposal of the appeals. Applications allowed. 9. As regards the additions made on merit, the Learned Counsel for the assessee similarly relied upon judgment of the Delhi High Court in the case of CIT Vs. Kabul Chawla (2016) 380 ITR 573 (Delhi) in which it was held as under : IT: Completed assessments can be interfered with by Assessing Officer while making assessment under section 153A only on basis of some incriminating materia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 153A of the Act, the Assessing Officer can reopen and/or assess the return with respect to six preceding years; however, there must be some incriminating material available with the Assessing Officer with respect to the sale transactions in the particular assessment year. 10.2 In the case of Pr.CIT-1 Vs. Devangi (2017) 88 taxmann.com 610 (Gujarat) in which it was held as under: After the search conducted at the asessee s premises, the Assessing Officer initiated proceedings under section 153A on the basis of the incriminating material seized for the period of the assessment year 2004- 05 onwards, and made the addition for the assessment years 2000-01 to 2004-05. The Tribunal deleted the addition holding that only undisclosed inc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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