TaxTMI 
TaxTMI 
2024 (1) TMI 750
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....r: Sr. Nos. ITA/CO Nos. CIT(A) Order dated Assessment Order dated Remarks 1. ITA No.7442/Del/2018 CIT(A)-29, New Delhi order dated 22.10.2018 Assessment order dated 29.12.2017 Assessment Order under section 153A/143(3) of the Income Tax Act, 1961. 2 ITA No.5952/Del/2018 CIT(A)-29, New Delhi order dated 18.07.2018 -do- -do- 3. ITA No.5957/Del/2018 -do- -do- -do- 2. In the captioned appeal, the assessee raised a common ground whereby the assessee has challenged the jurisdiction usurped by the Assessing Officer (AO) under section 153A of the Act towards additions/disallowances made. 3. In view of the preliminary objections of the assessee which seeks to put question mark over the legitimacy of additions/disallowances made....
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....at assessment under section 153A of the Act has been framed in these appeals solely on the basis of statement recorded under section 132(4) of the Act of other person namely; Shri Pradeep Kumar Jindal who was also simultaneously searched under section 132 of the Act. Mr. Jindal is stated to have made certain adverse averment towards providing accommodation entries to various beneficiaries including the captioned assessee(s) herein. The learned Counsel assertively reiterated that there is no reference to any seized material adverse to the assessee which has any connection or bearing with the impugned additions in any of the three appeals. The learned Counsel quipped that the adjustments made to the returned income by the AO in the instant ap....
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....e filed or various credit entries recorded in the books declared in the respective returns which has no correlation to incriminating material found in the course of search. The learned Counsel referred to the judgement delivered by Hon'ble Delhi High Court in the case of CIT vs. Anand Kumar Jain HUF and others 432 ITR 384 where in the context of same search and in the same fact situation, the Hon'ble High Court observed that additions on the basis of statement recorded in a separate search action in the case of a third person is not permissible in section 153A proceedings. The Hon'ble High Court observed that the statement of third person cannot be construed as an incriminating material belonging to or pertaining to the person other than th....
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....he authorities below and examined the merits of legal conditions raised on behalf of the assessee and counter raised on behalf of the Revenue. 7.1 It is the case of the assessee that additions/disallowances could not be made in the assessment framed under section 153A of the Act de-horse reference to any incriminating material found in the course of search in the hands of the assessee. It is further case of the assessee that any adverse statement of a third party (Pradeep Kumar Jindal in the instant case recorded under section 132(4) of the Act) cannot be read as incriminating material found in the course of search in the case of these assessee(s). Thus, the statement recorded in the course of search in that case cannot be imported in the ....