2022 (6) TMI 1452

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....d to appeal before it against assessment order dated 26.12.2017 passed u/s 153C r.w.s 153A/ 143(3) of the Income Tax Act, 1961 (hereinafter referred to as "The Act") by Dy. Commissioner of Income Tax, Central Circle-II, Gurgaon (hereinafter referred as the 'AO'). Both the appeals raise similar grounds so to avoid contradictory findings are adjudicated by this common order and for convenience the facts and grounds of AY 2014-15 are being taken on record. 2. The facts in brief are that a search was conducted 29.04.2015 at the various premises in the M/s. Orient Craft Group of Companies. Certain documents were seized from the premises of searched company which were found pertaining to the assessee. After recording necessary reasons in the c....

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....,22,77,322/- 6,13,866/- 3. Now, before the Tribunal the Assessee has raised following grounds of appeal :- 1. "That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in assuming jurisdiction u/s 153C and that too for this year and further erred in passing the impugned assessment order, more so when 'satisfaction' has not been recorded by AO of the searched person and when there was no incriminating document was found. 2. That in any case and in any view of the matter, action of Ld. CIT(A) in confirming the action of Ld. AO in assuming jurisdiction and framing the impugned assessment order u/s 153C, is bad in law and against the facts ....

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.... the reason that these could not have been made since no incriminating material has been found as a result of search. 7. That having regard to the facts and circumstances of the case, Ld. CIT( A) has erred in law and on facts in confirming the action of Ld. AO in passing the impugned assessment order without there being requisite approval in terms of section 153D and in any case approval if any is mechanical without application of mind and is no approval in the eyes of law. 8. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in not reversing the action of Ld. AO in charging interest u/s 234B of Income Tax Act, 1961. 9. That the appellant craves the leave to ad....