2020 (4) TMI 659

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....ce of issuance of mandatory statutory notice U/s. 153 C, which fact stands admitted as per RTI reply dtd. 20.05.2016. 2.That without prejudice, under the facts and circumstances, as no Asstt. proceedings were pending for A.Y. 2012 - 2013 as on the date of search, hence, the Asstt. Proceedings were unabated in view of second proviso to Sec. 153 A (1), consequently the AO exceeded his jurisdiction in examining the issue of addition of Rs. 1 1,08,034/- which is not emanating from any material / incriminating material found / seized during search. 3.That without prejudice, under the facts and circumstances, addition of Rs. 11,08,034/- on the basis of alleged less declared intt. income as per Form - 26 AS is un - sustainable in....

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.... of provisions of section 143 (3) r.w.s. 153C and 153 A. The Ld. CIT(A) deleted only the addition of Rs. 6,70,000/- but sustained addition of Rs. 11,08,034/- on account of undisclosed interest income. 6. Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal. 7. The Ld. Counsel for the assessee while arguing the ground of appeal No.1 referred to the reply obtained from the Income Tax department under RTI Act, copies of which are placed at paper book page No.1 and 2. He submitted that no notice u/s. 153C was issued for A.Y.2012-13 as admitted by the department, therefore, in absence of issue of notice u/s. 153C the assessment order passed u/s. 143 (3) r.w.s. 153 A/ 153 C is void ab initio. He submitted t....

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....uments made by both the sides, perused the orders of the authorities below and the paper book filed on behalf of the assessee. We have also considered the various decisions cited before us. We find the AO at para-2 of the order has mentioned as under :- "2. In the instant case, a Search and Seizure operation u/s 132(1) of the I.T. Act, 1961 was carried out by the Investigation Wing, Ghaziabad on 19.10.2011 at the premises of Agarwal Associates & Jainco Group of cases comprising M/s Jainco Promoters (P) Ltd others at G-10, Plot No.6, Aditya Commercial Complex, Preet Vihar, Delhi-110092 & 12, Dayanand -Vihar, Delhi. The material seized during the search & seizure contained certain documents that relates to Mrs. Seema Jain w/o Sh. Pra....