TaxTMI 
TaxTMI 
2014 (5) TMI 856
X X X X Extracts X X X X
X X X X Extracts X X X X
....he Income Tax Appellate Tribunal ("the Tribunal") in IT(SS)No. 141/Del/2005 and IT(SS) No. 175/Del/2005. Whereas IT(SS)No. 141/Del/2005 was preferred by the assessee against the order dated 23.01.2007 of CIT(Appeals), IT(SS)No. 175/Del/2005 was a cross appeal filed by the Revenue impugning the same order. 2. The present appeal emanates from proceedings initiated under Chapter XIV-B of the Act. Search and seizure operations were conducted at the residence of the assessee and at the school premises belonging to the Bhatnagar School, on 15.01.1999. During the said search and seizure operations, certain cash and incriminating documents were seized. Thereafter, pursuant to a notice under Section 158BC of the Act, the assessee filed its return....
X X X X Extracts X X X X
X X X X Extracts X X X X
....by granting fresh opportunity to the assessee despite being granted adequate opportunity? (e) Whether on the facts and in the circumstances of the case, the Ld. ITAT erred in deleting the amount of Rs.9,300/- as the same representing the undisclosed income of the assessee? (f) Whether order passed by the Ld. ITAT is perverse in law and on merits?" 5. And, the following questions of law arise from the decision of the Tribunal in ITA 141/Del/2005:- "(a) Whether the Ld. ITAT was correct in law and on merits in deleting the addition of Rs.2.50 lakhs on account of household assets made by the AO on the ground that it was covered by the undisclosed income of the assessee on account of telescoping? (b) Whether the Ld. ITAT was corre....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tion given by the assessee could not be accepted. The Tribunal considered the matter and observed that payments had been made to different persons and their names were also mentioned; however, the name of "Virendragram project" did not appear on the documents. Accordingly, the Tribunal remanded the matter to the Assessing Officer to examine whether the said payments were reflected in the accounts of the Virendragram project. The Tribunal also observed that in the event the amounts were not reflected in the accounts of the Virendragram project, the addition in the case of the assessee would be justified. We are unable to accept the view that the decision of the Tribunal in remanding the matter to the Assessing Officer is in any manner perver....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d a sum of Rs.29.75 lacs received as donations as undisclosed income. The assessee contended before CIT (Appeals) that the documents (specifically a diary), on the basis of which additions were made, contained only figures without any narration. It was, thus, contended by the assessee that the additions made by the Assessing Officer were merely on basis of surmises. The assessee also made a grievance that it was not known as to how the Assessing Officer had deciphered the entries in the documents. The CIT (Appeals) had accepted the assessee's contention and deleted the additions made by the Assessing Officer. The Tribunal considered the controversy and held that certain documents were clear and had expressly mentioned receipts of money. Acc....