TaxTMI 
TaxTMI 
2023 (12) TMI 337
X X X X Extracts X X X X
X X X X Extracts X X X X
....ned CIT(A) has erred, both on facts and in law, in rejecting the contention of the assessee that the order passed by the AO under section 153A r.w.s. 143(3) is bad and liable to be quashed as the same has been framed consequent to the search which was initiated under the wrong pretext. 4. On the facts and circumstances of the case, the learned CIT(A) has erred, both on facts and in law, in rejecting the contention of the assessee that the order passed by the learned AO under section 153A r.w.s 143(3) is bad and liable to be quashed as the same has been framed consequent to a search which itself was unlawful and invalid in the eyes of law. 5. (i) On the facts and circumstances of the case, the learned CIT(A) has erred, both on facts and in law, in rejecting the contention of the assessee that the learned AO has erred, in reissuing the notice under section 153A dated 05.09.2019 despite the fact that reassessment proceedings initiated by initial notice issued under section 153A dated. 03.07.2018 was already pending and not concluded by the AO. (ii) That the learned AO has erred in ignoring the settled position of law that the AO cannot issue the fresh notice unless and until the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n of mandatory provisions of Section 153D of the Act and as such the same is bad in eyes of law. (ii) That the CIT(A) has erred in ignoring the contention of the assessee that the purported approval u/s 153D of the Act is illegal, bad in law and also without any application of mind. 12. On the facts and circumstances of the case, the learned CIT(A) has erred, both on facts and in law, in rejecting the contention of the assesses that the assessment order passed by the AO is invalid and bad in taw as the same was passed in violation of the circular No. 19/2019 Issued by CBDT which mandates that no order shall be passed without there being valid Document Identification Number (DIN) 13. On the facts and circumstances of the case, the learned CIT(A) has erred in confirming the addition of Rs. 51,250/- made by the AO on account of agriculture income treating the same as income from undisclosed sources. 14. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the addition of Rs. 93,000/- made by the AO on account of cash deposits in the bank account invoking the provision of section 68 of the Income-tax Act. 15. On the f....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ction 68 being unexplained deposits in her Karur Vysya Bank Account and addition of Rs. 40,00,000/- under section 68 being funds transferred by Promina Wealth Management Pvt. Ltd. controlled by Shri Hemant Bajaj, an accommodation entry provider into her IDBI Bank Account. 4. On appeal filed by the assessee, the Ld. CIT(A) restricted the addition on account of unexplained agricultural income to Rs. 51,250/- giving relief of Rs. 1,66,530/- to the assessee; confirmed the addition of Rs. 93,000/- on account of unexplained cash deposit; deleted the addition of Rs. 48,50,000/- on account of unexplained credits in Karur Vysya Bank Account of the assessee and confirmed the addition of Rs. 40,00,000/- on account of unexplained credit entries received from parties. 5. The assessee is in appeal before the Tribunal against the addition of Rs. 51,250/- on account of agricultural income; addition of Rs. 93,000/- under section 68 on account of cash deposit in bank account and addition of Rs. 40,00,000/- under section 68 of the Act apart from certain legal issues raised and all the grounds relate thereto. 6. The crux of the assessee's case before us is that the impugned additions are devoid of ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... case of the assessee. He submitted that if the Ld. AO wanted to make addition on the basis of material found in search in the case of other person, he ought to have followed the mandatory procedure prescribed under section 153C of the Act which has not been done. On this ground the assessment framed by the Ld. AO under section 153A is liable to be quashed. He cited number of decisions in support thereof. 12. The Ld. CIT(DR) relied on the order of the Ld. AO/CIT(A). 13. We have carefully considered the submission of the parties and perused the records. It is a case of search carried on in the premises of Shri Vikram Bajaj, Pramod Bajaj, Radhey Shyam Bajaj, Vinod Bajaj and Kishan Kumar Bajaj on 20.04.2017. During the course of search, key of IDBI Bank Locker was found which was in the name of Inder Chand Bajaj and Smt. Pushpa Bajaj, the assessee. The locker was searched. No incriminating material was found. In response to statutory notices under section 153A of the Act, the assessee stated that return filed on 31.03.2015 for AY 2014-15 be treated as return under section 153A of the Act. During the course of assessment proceedings, the Ld. AO required the assessee, inter alia to su....