TaxTMI 
TaxTMI 
2021 (10) TMI 283
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....refore the submissions made by him for one year would be applicable to the other year also. Ld DR did not controvert the aforesaid submissions of Ld AR. In view of the aforesaid submissions of the Counsel, I for the sake of convenience proceed to dispose of both the appeals by a consolidated order but for the sake of reference refer to the facts for A.Y. 2006-07. 3. The relevant facts as culled from the material on records are as under : 4. Assessee is an individual who filed his original return of income for AY 2006-07 on 31.10.2006 declaring total income at Rs. 3,99,369/-. The return of income was processed u/s 143(1) of the Act. A search operation was conducted on 10.02.2010 in Sudhir Group of cases, the group being headed by Shri ....
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....to the extent of Rs. 1,96,000/-. Further, the Appellant craves for the right to raise additional grounds of Appeal during the course of hearing. Detailed submissions shall be made during the appellate proceedings." 5. Thereafter assessee vide letter dated 05.09.2019 has sought permission to raise the following additional ground: "That the addition so sustained by Ld. CIT(A) is beyond the scope of assessment framed u/s 153A/143(3), as the aforesaid addition made is not based on any incriminating material found during the course of search proceedings and as such is legally unsustainable in law." 6. With respect to the admission of additional ground, it is submitted that in the additional ground, the assessee is challenging the ....
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.... the case of M/s. Jute Corporation of India Ltd. (supra) could not apply in the present facts of the case. 8. Having heard the rival submissions and on perusing the materials available on record I find that facts which are necessary for adjudication of legal issue raised by the assessee by way of additional grounds of appeals are already on record and no new material or evidence is relied upon to challenge the legal issue. I find that the Hon'ble Apex Court in the case of National Thermal Power Co. Ltd. (supra) after considering the decision in the case of Jute Corporation of India Ltd. (supra) has observed that the Tribunal has jurisdiction to examine the question of law which arise from the facts as found from the authorities below and....
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....bmitted that in the assessment framed u/s 153A of the Act addition of Rs. 3,47,000/- has been made on account of cash deposits in the bank account of the minor child of the assessee, Avya Seth and Aryan Seth. He submitted that no bank statement was found or seized during the course of search. He submitted that the scope of the assessment proceedings u/s 153A of the Act in respect of an assessment which has already been completed is restricted only to making an assessment of income which are based on incriminating material found during the course of search. He submitted that in the case of concluded assessments, the A.O. has no jurisdiction to make additions towards addition to returned income in the absence of any incriminating materials. T....
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....unal in the case of Vibhu Aggarwal vs. DCIT (2018) 170 ITD 580. 10. Learned DR on the other hand supported the order of lower authorities. 11. I have heard the rival submissions and perused the materials available on record. Sec.153A of the Act lays down that in respect of searches carried out under section 132 of the Act or requisition of books and other documents made under section 132A of the Act after 31.05.2003, the Assessing Officer shall issue a notice calling upon assessee to furnish return of income in respect of six assessment years immediately preceding assessment year relevant to the assessment year in which search is conducted or requisition is made. The Assessing Officer is empowered to re- assess the total income in res....
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.... the Second Proviso to section 153A(1) of the Act. 14. It is the plea of the learned counsel for the Assessee that the impugned additions made by the Assessing Officer could not have been made in the impugned assessment proceedings as they are not based on any material seized or found during the course of search of the assessee. I find that the impugned addition has been made on account of the cash deposits in the bank account of the minor children of the assessee. I find that no bank statement was found or seized during the course of search and therefore it cannot be said that the addition made in the assessment proceedings u/s 153A is on the basis of incriminating material found during the course of search. 15. The Hon'ble Delhi Hig....