2023 (3) TMI 320

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....T(A)- XXXII, New Delhi has erred in confirming the addition on account of the alleged unexplained cash expenditure to the extent of Rs. 5929000/- as recorded on seized document page nos. 58 to 62 of Annexure A-1 without considering the source of the said expenditures as per documentary evidences and cash flow statement compiled for the utilization of the surrendered amount of Rs. 300 lacs on 01.06.2006 U/S 132(4) of the Income Tax Act, 1961. 2. On the facts and in the circumstances of the case, the Ld. CIT(A)- XXXII, New Delhi has erred in confirming the addition of Rs. 1824298/- (subject to verification by Ld. AO, as directed) under Section 14A read with Rule 8D of the Income Tax Rules, 1962. 3. On the facts and in the ci....

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....03.2013 by the Assessing Officer is illegal and void due to inappropriate approval u/s 153D granted by then Addl. CIT(A) as held in ITA No.2399/Del/2016 in the case of Subhash Dabas and group cases. Furthermore, the ld. Counsel for the assessee draw our attention to the ITAT Delhi Bench order in ITA No.2405/Del/2016 for AY 2010-11 in the case of ACIT vs M/s Tirupati Buildings & Offices Pvt. Ltd., vide order dated 09.02.2023. In the said order, at page-50, there was a noting for five assessees whose approval was granted by the same Addl. CIT u/s 153D of the Act which has included the name of the assessee. The same is reproduced as below: 33. We find the Addl. CIT vide his approval dated 28.03.2013 has given approval, the copy of whi....

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....uded inter alia the name of the assessee as well has concluded that the same has been given without application of mind, thus, the same is invalid bad in law and liable to be quashed. It is not the case that the above decision has been set-aside by the Hon'ble jurisdictional High Court. Hence, respectfully following the precedent as above, we allow the additional ground and therefore, we quash the assessment order passed u/s 153A of the Act for Assessment Year 2011-12 in the case of the assessee. 9. Since, we have quashed the assessment order on the additional ground raised by the assessee, adjudication of other grounds on merit is only of academic interest, hence we are not engaging in the same. 10. In the result, this appeal by the ....

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....18, Room No.1698 New Delhi (Sumesh Swani) Dy. Commissioner of Income Tax, Central Circle-09, New Delhi. अपर भापकर आ -4, ਵਗਦੀ ਸੀ Document 2 Office of the Addl. Commissioner of Income Tax, Central Range-4, 3rd Floor, 2013 A.R.A. Centre, E-2, Jhandewalan Extn.. New Delhi-110055 F.No. 153D/CC-09/Jagat Group/2012-13/988 Dated:-28.03.2013 P+2 TO, The Deputy Commissioner of Income Tax Central Circle-09, New Delhi. Sub: Approval u/s 153D of the Income Tax Act in the Jagat Group cases - reg- This is in reference to your letter No. DCIT/CC-09/12-13/1737 dated 28.03.2013 whereby you have submitted draf....