TaxTMI 
TaxTMI 
2017 (11) TMI 197
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....No. 5478/Del/2014 is the Department's cross appeal. 2. The brief facts of the case are that the assessee is an individual deriving income from salary and other sources. A search and seizure operation under section 132 of the Income Tax 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 assessee's premises were also searched. The case of the assessee was centralised under section 127 of the Income Tax Act, 1961. Thereafter, statutory notice under section 153A of the Income Tax Act, 1961 was issued in response to which the assessee filed his return of income declaring a total income of Rs. 2,58,627/-. The assessment was completed in terms of se....
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....ew of the matter, action of Ld. CIT(A) in confirming the action of Ld. AO in making addition of Rs. 2,90,000/- on account of foreign travel is bad in law and against the facts and circumstances of the case and in any case impugned addition is beyond the scope and jurisdiction of the impugned assessment order. 3. Without prejudice to the above grounds, additions/disallowances could not have been made in the present appeal because no incriminating material has been found as a result of search. 4. That the appellant craves the leave to add, modify, amend or delete any of the grounds of appeal at the time of hearing and all the above grounds are without prejudice to each other." ITA No.5478/Del/2014:- "1. Whether t....
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....ng that the return of income was filed on 31/03/2008 under section 139 (4) of the Income Tax Act, 1961 and, thus, which had attained finality on 31/03/2009. It was further submitted that perusal of the assessment order would show that all the three additions were made in absence of any incriminating material having been found during the course of search upon the assessee. Our attention was drawn to pages 3 and 4 of the paper book which is assessee's reply dated 23/10/2012 filed before the assessing officer pointing out that no incriminating document or material was found or seized which was relevant to the year under consideration and as such the assessment should not be disturbed. It was also submitted that this plea was also taken before ....
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....ourt in the case of CIT versus Kabul Chawla (supra) in ITA No. 495/Del/2015 vide order dated 21st of January 2016. It was submitted that in view of the legal precedents as well as the undisputed fact that no incriminating material was found during the course of search, the impugned order was liable to be quashed. 5. In her rival submissions, the Ld. CIT DR, although supported the orders of the authorities below, could not controvert the aforesaid contentions of the Ld. authorised representative for the assessee. 6. We have considered the submissions of both the parties and have also perused the material on record. It is seen that ITAT Delhi has allowed the assessee's appeal for assessment year 2006 - 07 in ITA No. 495/Del/2015 on iden....