TaxTMI 
TaxTMI 
2023 (1) TMI 216
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....T-CC Noida/2016-17 relating to the A.Ys. 2011-2012, 2013-14 & 2014-15 2. All these appeals and cross objections filed by the revenue and assessee are with respect to the same party but for different assessment years. Before us, at the outset both the parties submitted that the facts and the issue involved in all the appeals are identical and; the submissions made by them by arguing one appeal would be applicable to the other appeals also. Ld.AR further submitted that cross objections filed by the assessee are in support of the decision of Ld. CIT(A) and if the appeals of the Revenue are dismissed then the cross objection filed by the assessee can be treated as infructuous. In view of the aforesaid submissions of the parties, we proceed to ....
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....peal No. CIT(A)-IV/11259,11287 & 11292/DCIT-CC Noida/2016-17 granted substantial relief to the assessee. 3. Aggrieved by the order of the Ld. CIT(A), the Revenue is now in appeal before the Tribunal and has raised the following effective ground : 1. Whether on facts and circumstances of the case and in law, the Ld. CIT(A) erred in law while holding that there was no incriminating material for the issuance of notice u/s 153C, without appreciating that in the satisfaction note the AO had clearly brought out all the facts and circumstances, which indicated that the names of the entities including the assessee, appearing on seized documents pertaining to Golf Link Hospitality Pvt. Ltd. were in the nature of accommodation entries only for rou....
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....e person in whose hands such entries in the documents represent the unexplained income. 4. Whether on facts and circumstances of the case and in law, the Ld. CIT (A) erred in law while holding that there was no incriminating material for the issuance of notice w/s 153C, without appreciating that while recording the satisfaction for issue of 153C the test for "incriminating material" has to be only in nature of prima face belief based on some material having live nexus and not in the nature of absolute evidence established after detailed investigation of facts or law. 5. Whether on facts and circumstances of the case and in law, the Ld. CIT (A) erred in applying the decision of the Hon'ble Supreme Court in the case of M/s Sinhgad Tec....
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.... (Ahmedabad- Trib) 3. Ganpati FincapServices (P.) Ltd. vs Commissioner of Income Tax (2017) 82 taxmann.com 408 (Delhi) 4. Rajesh Sunderdas Vaswani vs ACIT (2016) 76 taxmann.com 311 (Gujarat) 5. SSP Aviation ltd vs. DCIT (20 taxmann.com 214) 6. CIT vs Classic Enterprises (35 taxmann.com 244, 219 Taxmann 237, 358 ITR 465, 268 CTR 364) 7. Savesh Kumar Agarwal vs Union of India (35 taxmann.com 85, 216 Taxman 109, 353 ITR 26) 6. She therefore submitted the order of the Ld. CIT(A) be set aside and the order of A.O. be upheld. 7. Ld.AR on the other hand reiterated the submissions made before A.O. and Ld. CIT(A). He further placed on record the copy of satisfaction note for initiation of proceeding u/s. 153C and from it he pointed to th....
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....ociety reported in (2017) 397 ITR 344 (SC). He therefore submitted that in view of the aforesaid facts no interference to the order of Ld. CIT(A) is called for. 9. We have heard the rival submissions and perused the material on record. The issue in the present appeal of Revenue is with respect to the quashing of assessment order passed by u/s. 153C of the Act. We find that Ld. CIT(A) vide para 5.5 of the order, after considering the submissions, remand report and assessee submissions to the remand report has given a finding that in the satisfaction note, the basis on which the A.O. had initiated the proceedings u/s. 153C indicated that assessee had invested of Rs. 50 lac each in A.Y 2011-12 and A.Y 2012-13 but the factual position is that ....
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....sessee, on issuance of notice u/s. 153C arising out of the same search was held to be not legally sustainable and therefore assessment was annulled. Before us, Revenue has not pointed to any distinguishing feature in the facts of the present case and in the case of YTP Entertainment House Pvt. Ltd., nor has pointed to any fallacy in the findings of Ld. CIT(A). Further the decisions relied upon the Revenue are distinguishable on facts and are therefore not applicable to the facts of the present case. Considering the totality of the aforesaid facts we find no reason to interfere with the order of Ld. CIT(A) on this issue and thus the grounds of Revenue are dismissed. 11. The appeal of the revenue is dismissed. 12. Since we have dismissed th....