2023 (7) TMI 1268

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....nt Years 2013-14 to 2016-17 respectively. The common grounds have been raised in all these appeals except variance in figures. "(1) (1) Because Ld. CIT(A) has erred in holding that A.O. while framing assessment u/s 155A read with Sec 143(3) of the IT Act 1561 (hereinafter referred to as the Act), can travel beyond the incriminating material found during search operation (2) Because the Ld. CIT(A) has erred in confirming the addition of Rs 92,54,914 ignoring the principal that assessment consequent to search operation are confined to incriminating material found during the course of search. (3) Because the Ld CIT(A) has erred in confirming the addition of Rs. 92,94,914/- on account of alleged excess deduction claim....

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....AY 2016-17 respectively. Aggrieved by the addition, the assessee filed an appeal before the CIT (A), the Ld. CIT (A), dismissed the Appeal filed by the Assessee on 30-10-2018 by a common order, for the AY 2013-14 to 2016-17, which is order impugned in the above captioned Appeals. ITA No.8255/Del/2018 (AY 2013-14) 3. In the present case a search and seizure operation conducted on 28.04.2015 at the present of the assessee, Assessment Order came to be passed u/s 154A r.w.s. 143(3) of the Act by making addition of Rs. 92,94,914/- on the ground that the assessee has claimed excess deduction of Rs. 92,94,914/- u/s 80IB of the Act (Chapter VII-A) which being disallowed. Both Ld. DR and Ld. AR submitted that no incriminating material found du....

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.... purpose by computing deduction u/s 80IB of the Act. The Ld. Counsel for the assessee has also filed a written submission and submitted that, the Freight is connected by the first degree with any business activities and is thus eligible for deduction u/s 80IB of the Act the Short and excess Rs. 17,930/- is part of the business and the Sundry balance written off Rs. 18,500/- is also part of the business, thus, the assessee is also eligible for deduction u/s 80IB of the Act. 6. Per contra, the Ld. DR submitted that the assessee has not made any submission on merit regarding addition made by the AO u/s 80IB of the Act before the Ld. CIT(A), but filed additional evidence u/s 46A of the Act without explaining how the additional evidence could....

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....ssessee should have decided regarding eligibility or otherwise of the assessee regarding claim u/s 80IB of the Act, therefore, we deem it fit to remand the matter to the file of the Ld. CIT(A) with direction to admit the additional documents produced by the assessee and decide the matter afresh. 8. Accordingly, the appeal filed by the assessee is partly allowed for statistical purposes for de-novo consideration after admitting the additional evidence produced by the assessee. 9. In the result, the appeal of the assessee in ITA No.8256/Del/2018 is allowed for statistical purposes. ITA No.8257/Del/2018 (AY 2015-16) and 8258/Del/20218 (AY 2016-17) 10. In the assessment year 2015-16 and 2016-17, the Assessing Officer made disallowan....