2020 (12) TMI 739

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....ing) in ITA 391/2019 CM APPL. 17378/2019 (condonation of delay in re-filing) in ITA 380/2019 3. There is a delay of 296 days in re-filing the appeals. For the reasons stated in the applications, the delay is condoned. 4. The applications stand disposed of. ITA 391/2019 & ITA 380/2019 5. The present appeals filed under Section 260A of the Income Tax Act, 1961 [hereinafter referred to as the 'Act'], are directed against the common order dated 07.12.2017 passed by the Income Tax Appellate Tribunal [hereinafter referred to as 'ITAT'] in ITA No. 3171/DEL/2011 & ITA No. 3172/DEL/2012 along with corresponding cross objections bearing CO. No. 275/DEL/2011, & CO. No. 274/DEL/2011, for Assessment Years [hereinafter referred to as 'AY']....

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....and AY 2002-03 respectively. 8. Aggrieved with the aforesaid assessments, the assessee filed an appeal before the CIT(A) challenging the order of the Assessing Officer, on the ground that no addition could be made in absence of any incriminating material found during the course of search. The said appeals were allowed in favour of the assessee on merits and the additions made by the Assessing Officer under Section 68 of the Act were deleted. However, CIT(A) dismissed the challenge as regards the issue of validity of assessment under Section 153A/143(3) of the Act. 9. Revenue then preferred an appeal before the ITAT, impugning the order of CIT(A). In the said proceedings, Assessee filed cross objections and contended that, the assessme....

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....on by the Assessing Officer, based on incriminating documents seized during the search, was valid and lawful. 12. We have duly considered the contentions advance by Mr. Maratha, however, are unable to agree with him. The ITAT, after perusing the relevant records, including the orders passed by the Revenue Authorities, observed as follows: 10."...We find that the additions made by the AO are beyond the scope of section 153C of the Income Tax Act, 1961, because no incriminating material or evidence had been found during the course of search so as to doubt the transactions. It was noted that in the entire assessment order, the AO has not referred to any seized material or other material for the year under consideration having being....