2019 (4) TMI 404

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....8, which are reproduced as under: 1. The order passed by the CIT (A)-XXVI is bad in law and is void-ab-inito. 2. That on the facts and circumstances of the case the CIT (A) has erred in law and has incorrectly confirmed the addition made by the Assessing officer by adding a sum of Rs. 6,92,665/- without appreciating the explanation and facts submitted by the assessee for the source of cash found. 3. Whether the Assessing officer rightly added the cash seized from the locker of the Assessee in the Assessment year 2009-10 whereas the same pertains to the Assessment year 2011-12, therefore the assessment is void ab-initio. 4. The appellant craves leave to add, alter, amend or vary any of the above grounds during the pendency of the app....

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....n the locker of the assessee, notice under section 153A of the Act was issued on 27/02/2012. In the impugned assessment order, the Assessing Officer has mentioned that the notice under section 153A of the Act was issued in respect of the assessment year 2009-10, i.e., the year under consideration. After taking into account, the explanation of the assessee in respect of the cash found that a sum of Rs. 8 Lacs had been withdrawn from HDFC bank account of Sh. Anoop Jain, HUF and Rs. 7,335/-was available in cash with Anoop Jain HUF, the Assessing Officer held the balance sum of rupees found from locker amounting to Rs. 6,92,665/-as undisclosed income of the assessee. The Ld. CIT(A) also examined explanation of the assessee of availability of th....