2021 (3) TMI 654

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.... law as well as on the facts and in the circumstances of the case. 2. That the Ld. CIT(A) has erred in rejecting the ground taken by the appellant before him against the issuance of notice under section 153A by relying on the provisions of section 124(3) of the Act which are not applicable on the facts of the case of the appellant. 3. That on the facts and in the circumstances of the case the Ld. CIT(A) has erred in upholding the addition of Rs. 1, 19, 99, 4507-in proceedings u/s. 153A without there being any incriminating material found/seized during the course of search in the case of the appellant and thus in not applying the judgment of the Hon'ble Delhi High Court in the case of CIT vs. Kabul Chawla (2016) 380 ITR 573 (Delhi) p....

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....eturn income. The search and seizure operation was conducted on 17/09/2010. In response to notice u/s. 153A, return of income was filed "Under Protest" declaring total income of Rs. 5,19,559/- which was declared in the original return and assessed u/s. 143(3). The assessment was completed at total income of Rs. 1,25,19,409/-, after making addition of Rs. 1,19,99,450/- on account of purchase of flat u/s. 2(22) (e) of the Income Tax Act. 4. Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 5. At the time of hearing none appeared on behalf of the assessee despite giving notices. Therefore, we are taking submissions before the CIT(A) as the contentions before....

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.... 8. As relates to Assessment Year 2012-13, the return of income was filed on 5/1/2013 at total income of Rs. 7,39,923/-. The case was selected for scrutiny and notice u/s. 143(2) was issued. The assessment was completed at total income of Rs. 27,07,120/- after making disallowance of interest of Rs. 19,67,201/-. 9. Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 10. As the assessee or the representative for the assessee has not appeared before us, it will be appropriate to take the submissions before the CIT(A) on behalf of the assessee as submissions before us. 11. The Ld. DR relied upon the assessment order and the order of the CIT(A). 12. We have h....