TaxTMI 
TaxTMI 
2010 (2) TMI 845
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.... is a delay of 91 days in filing of all these appeals. The assessee submitted a letter for condonation of delay and also filed an affidavit explaining the delay. It was explained that the assessee was suffering from a neurological health problem and proof of the same by way of Doctor's certificate has been furnished. On going through these papers and on hearing the learned DR, we are of the considered opinion that the assessee has been prevented by a reasonable cause in filing these appeals in time. Thus we condone the delay in filing all these appeals. 3. The assessee filed two additional grounds of appeal which read as follows:- 1. On the facts and the circumstances of the case and in law, the learned CIT(A) has erred in r....
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....-2 had issued notice u/s 153A for all the assessment years. In response thereto the assessee filed fresh return of income declaring a similar amount as which was declared when he filed the original return of income. In other words, the assessee had in response to a notice issued u/s 153A filed the same return of income, as was originally filed. 5. For all the assessment years the AO completed the assessments u/s 143(3) read with section 153A. The only addition that has been made for each of the assessment years, is on account of low withdrawal and from opening balance in capital account. A perusal of all the assessment orders shows that none of the additions were based on any material found during the course of search. The AO on pag....
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....he learned counsel for the assessee Mr. S.M. Jain, submitted that the entire addition is made based on mere surmises and conjectures. He submitted that there is no material whatsoever based on which, the AO made the additions. On additional ground No. 1, which pertains to jurisdiction of the AO to frame the assessment order on the plea that the requirement of recording of reasons, for transfer of the case and not communication of the same to the assessee, is not pressed. In view of this submission of Mr. Jain, we dismiss the first additional ground on the issue of transfer of case from one jurisdiction to another, as not pressed. 9. Mr. Jain emphasised on the fact that nothing incriminating was found during the course of search whic....
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....submits that the AO can proceed and make additions based on the books of account, the returns filed and other material which may come to his notice during the course of assessment. He sought one week's time from the Bench to file written submissions on this legal issue and also to put forth his view on the decision of the Delhi Bench of the Tribunal in the case of Anil Kumar Bhatia and the decision of the Calcutta Bench of the Tribunal in the case of LMJ International Ltd. (supra). On merits he relied on the order of the CIT (Appeals) and submitted that the withdrawals were extremely low and the AO was very considerate in making a fair estimate. 11. Till the date of this order, the learned DR has not filed any written submission as ....
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....ents under s. 153A were framed for six assessment years making various additions. The assessee claimed that the additions were not tenable as regular returns had been filed where the particulars relating to the additions had been disclosed and the and the same had been accepted u/s 143(1) and also that no material had been found during the search to justify the additions. The revenue claimed that the effect of the provisos to s. 153A was that all assessments abate and there had to be a de novo assessment in which the AO was not confined to the material found during the search. Held rejecting the claim of the Revenue. (i) S. 153A does not authorize the making of a de novo assessment. While under the 1st Proviso, the AO is empowered t....