TaxTMI 
TaxTMI 
2020 (5) TMI 233
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.... For the Revenue : Shri S.S. Mantri CIT-DR ORDER PER BENCH : This bunch of 19 appeals by the assessee(s) & Revenue against the order of Commissioner of Income Tax(Appeals)-III, Indore dated 21.03.2016, & 25.07.2016, 05.02.2018 pertaining to assessment years 2008-09 to 2010-11 & 2012-13. 2. All these appeals were taken for hearing simultaneously being interconnected as same relate to a Kalani Group. The Revenue has raised following grounds of appeal in IT(SS)ANos.99 & 104/Ind/2016(Pankaj Kalani & Dipak Kalani): "On the facts and in the circumstances of the case the Ld. CIT(A) erred in deleting the addition made by the AO of Rs. 1,67,63,500/- Rs. 1,43,000/- & Rs. 5,01,500/- on account of unexplained receipt on protective....
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....led to explain the source of jewellery. 3. On the facts and in the circumstances of the case the Ld. CIT (A) has erred in deleting the addition of Rs. 32,044/- made by the AO as unexplained investment in silver utensils without any documentary evidences given by the assessee. 4. On the facts and in the circumstances of the case the Ld. CIT(A) has erred in deleting the addition made by the AO of Rs. 1,96,58,000/- on account of unexplained receipt on protective basis without appreciating the facts and evidences brought into light by the AO during assessment proceedings. 5. On the facts and in the circumstances of the case the Ld. CIT (A) has erred in deleting the addition of Rs. 1,49,75,466/- by holding that the add....
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....d LPS-11? 2.Whether on the facts and circumstances of the case the Ld.CIT(A} has erred in ignoring the findings of the assessing officer in which it was discussed by DCIT-Central circle, Indore in his assessment order that the details appearing on the loose papers LPS-10 and LPS-11 exactly match with the details appearing on the Page 254 of LPS 2/14 taken from the file of A/3 seized during the search by Excise department on Signet group found and seized during the Income tax search at the office of M/s Signet Industries Ltd., containing details of transaction of Shri. Pankaj Kalani and prepared by Shri. Mukesh Sangla? 3.Whether on the facts and circumstances of the case the Ld.CIT(A} has erred in not considering the fact t....
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....d thus under such facts reassessment could have be done only u/s 153C and not u/s 147 and thus the impugned assessment order was liable to be quashed as being without jurisdiction. 3 That the Ld ClT(A) failed to appreciate that section 153 C overrides section 147/148 and thus proceedings which are initiated pursuant to document seized under search & seizure operations in third persons premises can only be under section 153C and not under section 147/148 The Assessee has raised following grounds of appeal in ITANos.399/Ind/2019 (Kalani Industries P. Ltd.): "01.That the learned Assessing Officer erred in reassess proceedings to the case under section 148 without applying his mind but on the basis of the direction of Joint....
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.... 3. On the facts and in the circumstances of the case and in law, Ld. CIT(A) is justified in merely reproducing the content of the assessee's submission in his order without discussing the case either on merits or facts and ignoring the fact that Ld. AO during the assessment proceedings rebutted the contention of assessee in its entirety. 4. On the facts and in the circumstances of the case and in law, Ld. CIT(A) is justified in ignoring the facts that Ld. AO has established link between seized loose paper/incriminating documents found at the time of the search and established nexus between these seized documents and assessee and therefore, addition was made at time of the assessment proceedings. 5. On the facts and ....
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....tion 153C and not under section 147/148 3. At the outset, Ld. CIT-DR submitted that Ld. CIT(A) while deciding the appeals relating to protective assessments had concluded that additions should be made in the substantive proceedings initiated in case of M/s. Kalani Industries Pvt. Ltd. and Flexituff International Ltd. However, in appeals related to substantive proceedings the Ld. CIT(A) has not taken into consideration of the above fact in respect of appeals relating to protective assessments. 4. On the other hand, Ld. counsels for respective assessees opposed the submission of the Ld. CIT-DR but could not controvert the same by bringing any contrary material on record, suggesting that the order of Ld. CIT(A) made in protective proc....