2015 (10) TMI 2485

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....Del/2015 (AY 2008-09). 2. The brief facts of the case are brought out in the Ld. CIT(A)'s order vide para no. 2 which is extracted below for ready reference. " 2. The brief facts of the case as culled out from the assessment order are that the appellant, an individual, derived income from 'salary' and 'other sources'. A search and seizure operation u/s 132 of the I. T. Act, 1961 was conducted by the Investigation Wing of the department in Nussli (Switzerland) Ltd. group of cases on 19.10.2010 and simultaneously the appellant premises were also searched. The case of the appellant was centralized u/s 127 of the I. T. Act, 1961 vide order F. No. C.I.T.- XV/Centralization /2012-13/1556 dated 02.01.2013 and the jurisdiction ov....

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....out recording requisite satisfaction as per law and without obtaining requisite approval as per law and without complying with other mandatory conditions under the Act and without serving the mandatory notices uls 143(2) and 142(1) of Income Tax Act, 1961. 2. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in making notional addition of Rs. 2,10,000/- on account of foreign travel uls 69C and that too by disregarding the evidences/submissions filed by the assessee and by recording incorrect facts and findings and in any case impugned addition is beyond the scope and jurisdiction of the impugned assessment order. 3. That in any case and in any view ....

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....132 of the Act, notice under Section 153 A (1) will have to be mandatorily issued to the person searched requiring him to file returns for six Ays immediately preceding the previous year relevant to the AY in which the search takes place. ii. Assessments and reassessments pending on the date of the search shall abate. The total income for such AYs will have to be computed by the AOs as a fresh exercise. iii. The AO will exercise normal assessment powers in respect of the six years previous to the relevant AY in which the search takes place. The AO has the power to assess and reassess the 'total income' of the aforementioned six years in separate assessment orders for each of the six years. In other words there will be only one a....