2023 (7) TMI 126

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...., order passed u/s 250 of the Income Tax Act 1961, [in brevity 'the Act'] for A.Y. 2001-02. The impugned order was emanated from the order of the ld. Income Tax Officer, Ward 2(1), Jammu[in brevity 'AO'], order passed u/s 143(3) of the Act. 2. Both the appeals are same nature of fact and arises out from the common issue. Both the appeals are from the different assessee which are taken together heard together and adjudicated with a common order for the sake of convenience. Therefore, we taken ITA No. 28/Asr/2023 is as lead case. 3. The assessee has taken the following ground: 1. The addition of Rs, 26,40,100/- made by learned AO in the order of assessment issued under section 143(3) of Income Tax Act, 1961 are without fully lo....

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....nd cannot therefore, sustain in the eyes of law. 5. That the appellant further craves to reserve the right to add. delete, amend, alter all or any of the above grounds of appeal before or at the time of hearing and final disposal of the appeal proceedings." 4. Tersely, we advert the fact of the case that the assessee, Mr. Hira Lal Kadlabju is ex father in law of Mr. Anish Bhan, another assessee. A search was conducted by the CBI (Central Bureau of Investigation) and the cash was found in the premises of assessee, Mr H.L.Kadlabju. Later, the assessment was completed with addition amount of Rs. 5,50,000/- and Rs. 26,40,100/- on basis of the cash which was found in the premises of the assessee. Mr. Hira Lal Kadlabju explained that ....

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....) has taken an observation which is extracted as below: "4.5. Issue 5 - Case to be kept in abeyance The assessee had requested in his submissions, that the suit was pending before the High Court of Gujarat and that proceedings were not yet completed; hence, the case may be kept in abeyance until the ownership of money is decided by the High Court. It is clear from the judgement of the Honorable Apex Court in case of Chuharmul vs CIT (quoted supra) that proceedings of additions to income are not entirely governed by outcomes of proceedings under other Acts. In that case while the assessee was acquitted under other acts finally by the courts concerned, as far as income of assessee taxable under IT Act, the court sta....