TaxTMI 
TaxTMI 
2023 (3) TMI 1034
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....F.A.A.') in regard to the appeal before it arising out of assessment order dated 31.12.2018 u/s 153A/143(3) of I.T. Act, 1961 (hereinafter referred to as 'the Act') passed by ACIT, Central Circle-16, New Delhi (hereinafter referred as Ld. Assessing officer or in short Ld. AO). 2. The facts of the case a search and seizure operation was carried out on Deepak Talwar Group on 22.06.2016 and the case of appellant was also covered under search. Accordingly, the case of Appellant for the above Assessment Year was taken up for search and seizure assessment under Section 153A r.w.s. 143(3) and subsequently a notice under section 142(1) of the Income Tax Act, 1961 was issued to the Appellant. The appellant filed her return of income for the A.Y. 201....
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....w and facts of the case while partly confirming the assessment order passed u/s 153 A r.w.s 143(3) of the Income Tax Act. 1961 (hereinafter referred as 'the act') dated 31.12.2018. 2. That the Ld. CIT(A) has erred in law and facts while confirming the addition of Rs. 3,50,000/- on account of unexplained cash deposit u/s 69A r.w.s 115BBE of the act, while the appellant left no stone unturned to give the lawful evidence of receipt of such amount during the appeal proceedings and no incriminating material to substantiate the confirmation of impugned addition were found by the Ld. CIT(A), hence the confirming the addition for Rs. 3,50,000/- without appreciating the evidence furnished and without producing any incriminating material been foun....
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....by the appellant in the bank account and sources being duly explained. Ld. DR however submitted that it is not a case of completed assessment. 6. In this regard it can be observed that Ld. CIT(A) in para no. 8.1 has dealt with the issue and made following observations :- "8.1 During the course of appellate proceedings, the report regarding filing of the IT return of the appellant for A.Y. 2015-16 was called from the AO. The AO vide letter dated had submitted that the return of income for AY 2015-16 had been filed by the appellant on 19.03.2016. It is further observed that the date to issue notice u/s 143(2) for this year expired on 31.07.2016, whereas, the search on the appellant was conducted on 22.06.2016. Thus, there was still time to....
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....ce under section 143(2) of Act had not lapsed, so it is a case of pending assessment, which gets merged with assessment u/s 153A. Hence the principles laid down in Kabul Chawla case (supra), with regard assessment u/s 153A of Act have to be on basis of incriminating material found during search in case of completed assessment, do not benefit assessee. Therefore, this ground is decided against the assessee. 10. In regard to ground no. 2 it was submitted that assessee had submitted all the evidences, however, Ld. CIT(A) has arbitrarily failed to consider the same. Ld. DR however supported the findings of Ld. CIT(A). Appreciating the matter on record it can be observed that assessee claimed to have received cash gift worth Rs. 7,30,200/- duri....