2021 (11) TMI 854

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....the extent mentioned hereunder in confirming the action of the Ld. Assessing officer is illegal, unjust, opposed to facts and suffers from the vice of arbitrary acts. 2. (i) That on the facts and circumstances of the case and in law the Ld. CIT Appeals has erred in confirming the addition of Rs. 18,50,000/- towards family cash found at 85 Golf Links New Delhi. (ii) That on the facts and circumstances of the case and in law the Ld. CIT Appeals has grossly erred in estimating the household expenses at Rs. 75,000/- per month and in including the house renovations which are separately accounted for. (iii) That on the facts and circumstances of the case and in law the Ld. CIT Appeals has failed to appreciate that all c....

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....nsidering the submissions of the assessee, the Assessing Officer made additions of Rs. 92,07,084/- on account of unexplained jewellery and Rs. 18,50,000/- unexplained cash. 4. Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT (A) partly allowed the appeal of the assessee. 5. The Ld. AR submitted that the notice u/s 143(2) was not served to the assessee within the specified time. This is the seventh year of search. The notice u/s 143(2) was issued on 20/2/2015 which has to be served as per the statute till 30/09/2014. The Ld. AR relied upon the decision of Hon'ble Apex Court in case of ACIT Vs. Hotel Blue Moon 321 ITR 362 (SC) and Hon'ble Gujarat High Court in case of CIT Vs. Gujarat Foils Lt....

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....or Diagnostics Pvt. Ltd. Vs. ACIT (2016) 74 taxmann.com 239 (Kerala). The Ld. AR further submitted that effect of non issue of notice u/s 143(2) within the specified time and invalid service, where no evidence of notice u/s 143(2) was given to the postal authority then the assessment has to be set aside. The Ld. AR relied upon the decision of the Hon'ble Gujarat High Court in case of Principal CIT Vs. Nexus Software Ltd. (2017) 81 Taxman.com 152 (Gujarat). 6. The Ld. DR relied upon the assessment order and the order of the CIT(A). In respect of additional ground, the Ld. DR submitted that from the records it appears that notice u/s 143(2) was not within the specified time. 7. We have heard both the parties and perused the material ava....