2019 (7) TMI 120

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ssment year 2005-06 for the quantum of assessment passed u/s 153A/143(3). 2. We will first take up the appeal for the assessment year 2006-07, wherein the assessee has challenged the determination of income of Rs. 19,74,515/- as against Rs. 12,43,220/-. 3. The facts in brief are that the assessee has filed its return of income for the assessment year 2006-07 at an income of Rs. 12,43,220/- on 30.03.2007. Thereafter, proceedings u/s 153C was initiated in the case of the assessee in view of search and seizure action taken in the case of Surya Vinayak group of industries carried on 3.3.2011. In the assessment order completed u/s 153C / 143(3) on 24.12.2009 assessee's income was computed at Rs. 2,64,74,515/- as against return of income of Rs.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....search and the earlier assessment order had attained finality and was unabated assessment at the time of search. Therefore, addition of Rs. 5 lacs could not have been made. However, Ld. CIT (A) has confirmed that the said addition on the same reasoning given by the AO. 6. Before us, Ld. Counsel submitted that from a bare perusal of the assessment order it can be seen that there is no reference to any seized material found during the course of search and in fact sum of Rs. 5 lacs was appearing in the books of account. Thus, such an addition is beyond the scope of section 153A in view of the decision of Hon'ble Delhi High Court in the case of CIT vs Kabul Chawla (2016) 380 ITR 573 (Delhi) and Pr. CIT vs. Meeta Gutgutia 395 ITR 526. 7. On th....