TaxTMI 
TaxTMI 
TaxTMI 
2021 (9) TMI 892
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....for short] is bad in law and the ld. CIT(A) erred in confirming the same and secondly, the assessee has challenged on merits the addition of Rs. 10 lakhs made by the Assessing Officer u/s 68 of the Act. 3. Briefly stated, the facts of the case are that a search and seizure operation was conducted at the premises of S.K. Jain Group wherefrom certain incriminating material in the form of register and diaries were seized. On the basis of seized documents, information was transmitted to the Assessing Officer of the assessee stating that the assessee has taken Hawala entry from S.K. Jain Group amounting to Rs. 10 lakhs. 4. On the basis of such information, notice u/s 148 of the Act was issued on the assessee. During the source of scrutiny asse....
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....the case, provisions of Section 148 of the Act squarely apply and, therefore, there is no error or infirmity in the findings of the Assessing Officer. It is the say of the ld. DR that information received by the Assessing Officer from the Investigation Wing/the Assessing Officer of the searched person, was not in the form of any seized material but it was an information simpliciter, and therefore, Section 153C of the Act does not apply. 10. I have given thoughtful consideration to the orders of the authorities below and have carefully perused the decisions relied upon ld. counsel for the assessee. I find that the decision of the coordinate bench in the case of Naval Oil and Containers Pvt. Ltd [supra] squarely applies on the facts of the c....
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....8 of the Act dated 8.3.2016 after recording the reasons in writing and after obtaining sanction u/s. 151(1) of the Act from PCIT, Delhi-6, New Delhi which was served upon the assessee on 10.3.2016 by speed post. In response to the same, assessee filed a letter dated 06.4.2016 wherein it was submitted that the original return filed earlier may be treated as returned filed in response to the notice u/s. 148 of the Act. The Assessing Officer issued notice u/s. 143(2) of the Act and u/s. 142(1) of the Act alongwith questionnaire to the assessee. In response to the same, assessee appeared and filed required documentary evidences and answer the query raised by the AO, but the AO did not agree with the explanation given by the assessee and finally....
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....cases of Sushil Gaur vs. ITO, Ward 2(3), Ghaziabad and Shelly Agarwal. Vs. ITO, Ward 2(3), Ghaziabad. He especially draw my attention towards the facts of the case and the decisions mentioned in para no. 8 at page 7 to 9 of the aforesaid Tribunal's order dated 08.08.2017 and requested by following the same ratio, the appeal of the assessee may be allowed. 6. On the contrary, Ld. DR relied upon the orders passed by the Ld. CIT(A) and stated that Ld. CIT(A) has passed a well reasoned order on the ground raised by the assessee. He has also filed the written submissions on legal as well as merits with supporting various decisions rendered by various Courts. 7. I have heard both the parties and perused the records and gone through the issu....
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....ee before the Learned CIT(Appeals) and the Learned CIT(Appeals) vitiated the proceedings. The same was questioned by the Revenue before the ITAT and the ITAT after discussing the cases of the parties and the relevant provisions in details has come to the conclusion that in the above situation, provisions of sec. 153C were applicable which excludes the application of sections 147 and 148 of the Act. The ITAT held the notice issued under sec. 148 and proceedings under sec. 147 as illegal and void ab initio. It was held that Assessing Officer having not followed procedure under sec. 153C, reassessment order was rightly quashed by the Learned CIT(Appeals). I also draw my support from the ITAT, New Delhi decision in the case of Rajat Shubra Chat....
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....Ghaziabad, I am of the considered view that ground no. 3 of this appeal has already been adjudicated and decided by the various Benches of the ITAT, which I have mentioned in the aforesaid paragraphs and I am of the view that this issue has already been adjudicated and decided in favour of the assessee by holding that on the basis of incriminating material found, once reassessment proceedings was initiated on the basis of incriminating material found in the search of 3rd party then the provisions of section 153C of the I.T. Act were applicable which exclude the application of section 147 and 148 of the I.T. Act and notice u/s. 148 of the Act and proceeding u/s. 147 are illegal and void ab initio. Therefore,, respectfully following the afore....