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2022 (10) TMI 766

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....on behalf of the assessee. It is seen from the records that on earlier occasions also, there was no representation on behalf of the assessee. Therefore, both appeals are taken up for hearing and have been decided in the absence of the assessee. ITA No.3972/Del/2016 [Assessment Year : 2007-08] 3. First we take up assessee's appeal in ITA No. 3972/Del/2016 pertaining to Assessment Year 2007-08. The assessee has raised following grounds of appeal:- 1. "The order of assessment passed under section 153A read with 143(3) is bad in law in as much as no assessment of the impugned year was pending on the date of search and the assessment has been framed without referring to any seized material. 2. On the facts and circumstances of the case, th....

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....duly served upon the assessee. In response thereto, the assessee filed his return of income on 18.06.2013, declaring income of Rs.3,17,600/-. Thereafter, a notice u/s 143 of the Act was issued to the assessee and in response thereto, Ld. Authorized Representative ("AR") of the Assessee attended the proceedings on behalf of the assessee. The Assessing Officer ("AO") after examining the facts, made addition of Rs.2,45,925/- and assessed the income of the assessee at Rs.5,63,530/-. 5. Aggrieved against this, the assessee preferred appeal before Ld.CIT(A) who after considering the submissions, dismissed the appeal of the assessee. 6. Aggrieved against the order of Ld.CIT(A), the assessee is in appeal before this Tribunal. 7. Ground Nos. 1 & ....

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....which is @1500per lakh, similarly on 3/7/08 for Rs.6 lakh the cost is 9000/- which is again @1500 per lakh. Based on this the cost of arranging Rs.l.70crores of unaccounted money through entries is Rs.2,55,000/- which has been incurred by Deepak Mittal. Similar details are on page 52 as per which in addition to above, the cost incurred by Deepak in arranging entry for Rs.315 lakhs is Rs.21000/- @ the cost of 1500. 3.4 When the assessee was confronted with above seized documents and asked to furnish an explanation, he failed to submit any proper creditable explanation and simply stated that these are rough jottings by staff. In light of the analysis of seized material and accounts of the assessee and the companies, the replies filed by him....

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....ught any material in support of these grounds. In the absence of such material, we do not see any reason to disturb the findings of Ld.CIT(A), the same is hereby affirmed. Thus, Ground Nos. 4 & 5 raised by the assessee are rejected and dismissed. 17. In the result, the appeal of the assessee is dismissed. ITA No. 3973/Del/2016 [Assessment Year 2011-12] 18. Now, we take up the assessee's appeal in ITA No. 3973/Del/2016 pertaining to the Assessment Year 2011-12. The assessee has raised following grounds of appeal:- 1. "The order of assessment passed under section 153A read with 143(3) is bad in law in as much as no assessment of the impugned year was pending on the date of search and the assessment has been framed without referring to an....