TaxTMI 
TaxTMI 
2017 (11) TMI 1219
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....s. The assessee filed an application for condonation of delay and it is explained that appeal papers were singed by assessee on 29th October, 2014 and appeal fees was deposited on 05.11.2014. The same appeals were handed over to the Counsel to file the same before the Tribunal who filed the appeals on 14.11.2014. In the process there is a delay of 03 days. Considering the explanation of assessee, we are of the view that nominal delay in filing the appeals shall have to be condoned. We are satisfied with the explanation of assessee that assessee was prevented by sufficient cause in not filing the appeals within the period of limitation. The delay in filing all the appeals are condoned. 4. Briefly the facts of the case are that search and se....
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....tion of assessee and made all the above additions against the assessee under section 68 of the I.T. Act. 5.1. The assessee challenged all the three additions before the Ld. CIT(A) on merits. The assessee also challenged the order of the A.O. under section 153A of the I.T. Act because no addition could be made in the absence of any incriminating material found during the course of search. The Ld. CIT(A) noted from the assessment order that it appears that there is no incriminating evidence found during the course of search relating to additions under section 68 of the I.T. Act. The Ld. CIT(A) followed the decision of the Hon'ble Delhi High Court in the case of CIT vs. Anil Kumar Bhatia in ITA.No.1626, 1632, 1998, 2006, 2010 and 2020 of 2010....
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....I.T. Act, therefore, no additions could be made in proceeding under section 153A of the I.T. Act. He has submitted that the issue is covered in favour of the assessee by the Judgment of the Hon'ble Delhi High Court in the case of CIT vs. Kabul Chawla 380 ITR 573. 8. On the other hand, Ld. D.R. relied upon the orders of the authorities below. The Ld. D.R. submitted that Revenue has already made a request to the effect that in case the Tribunal comes to a conclusion that this addition cannot be made under section 153A, then a direction under section 150(1) should be issued for taxing this amount under section 148 of the I.T. Act, 1961. Such point can be raised orally at the time of hearing if it goes to root of the matter. 9. We have consid....
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....ere that Ld. CIT(A) in his findings has specifically mentioned on perusal of the assessment records that there is no incriminating evidence found during the course of search relating to the additions under section 68 of the I.T. Act. The issue is therefore, covered in favour of the assessee by the judgment of the Hon'ble Delhi High Court in the case of CIT vs. Kabul Chawla (supra). Same view is taken by Hon'ble Delhi High Court in the case of CIT vs. Meeta Gutgutia 395 ITR 526 following its earlier decision in the case of Kabul Chawla (supra). In view of the above, we set aside the orders of the authorities below and delete all the additions under section 68 of the I.T. Act in the proceedings under section 153A of the I.T. Act in all assess....