2024 (6) TMI 209

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....On the facts and circumstances of the case, the Ld. CIT(A) vide order u/s 250(6) dated 10.05.2022 has erred in confirming the addition to the tune of Rs. 2103912/-. The CIT(A) has erred in confirming the addition of Rs. 1602829/- u/s 69A in respect of credits in saving accounts and Rs. 501083/- in respect of difference in undisclosed profit calculated @ 8% on the gross receipts in the CC Account. 2. That the Ld. CIT(A) has erred in increasing the net profit rate from 6% to 8% on the total credits in CC Account. The Ld. CIT(A) has erred in confirming the addition of Rs. 501083/- without giving the notice of enhancement u/s 251. That the CIT(A) has erred in enhancing the net profit rate of 6% on disclosed turnover reflected in the IT....

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....account of exceptional circumstances that the appellant had to undergo various medical test and was to undergo Endovascular surgery by admitting in AIIMS Hospital, Ansari Nagar, New Delhi. Following Hon'ble Apex Court judgment on condonation of delay in filing the appeal on account of exceptional circumstances citation [1956] 29 ITR 607; the said delay is condoned, and appeal is admitted for hearing on merits of the case. 4. The appellant has raised the additional grounds of appeal vide its application dated 17.04.2024 which reads as under: "Without prejudice to the other grounds, the assessment framed u/s 153A is without jurisdiction as the same has been framed on the basis of material seized from the premises of the company M/....

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....ned CIT(A) under Section 250(6) dated May 10,confirming the addition, are bad in law due to the fact that while issuing the impugned orders, the materials relied upon were found on the premises of M/S Golden Tulip Hospitality during a search. These materials could only have been used in the appellant case in accordance with the procedure outlined in Section 153C of the Act. He pleaded that the assessment order may be quashed as void ab initio. 7. Per contra, the Ld. DR stands by the impugned order but he failed to rebut the contention of the ld. AR on the legal issue of validity of the assessment order. 8. Heard both the sides, perused material on record, impugned order, written submission, and citations relied. Admittedly, the Ld CIT....