TaxTMI 
TaxTMI 
2025 (1) TMI 905
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....ctively, confirming the action of the AO in making the following additions of gross profit over and above the gross profit declared by the assessee:- AY Addition made by the AO (GP rate declared by the assessee on Turnover declared by the assessee) 2009-10 10,61,090 2010-11 50,44,695 2011-12 1,14.90,458 2012-13 1,95,21,214 2013-14 32,68,357 2014-15 48,42,235 2. Against the above order, assessee is in appeal before us. Since common grounds have been raised in all the appeals, except the difference in figures of additions. Therefore, for the sake of brevity, we are only reproducing the grounds of appeal pertaining to AY 2009-10 as under:- "1. On the facts and circumstances of the case, the....
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....e contention of the assessee that the addition made by the AO is not emanating from any incriminating material found during the course of search. 7. 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 proceedings initiated under Section 153C is bad and the consequent assessment order is liable to be quashed in the absence of any satisfaction being recorded by the AO on the searched person that the incriminating material belonging to the assessee was found during the course of the search. 8. (i) 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. 1....
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....essee to rebut the same. 11. 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 assessment order has been passed by AO on the basis of surmises and conjectures, without there being any adverse material on record. 12. That the appellant craves leave to add, amend or alter any of the grounds of appeal." 3. We have heard both the parties and perused the records. Ld. Counsel for the assessee submitted that AO has made the additions of gross profit over and above the gross profit declared by the assessee without detecting even a single defect in the books of accounts. The AO has made the additions in respective assessment years by....
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....l. She further submitted that incriminating material in the form of approval of audit fee, salary was found during search at 3rd party indicating assessee was controlled by them. 5. We have carefully considered the submissions. We note that exactly similar issue has been dealt by the Coordinate Bench vide its order dated 24.10.2024 passed in ITA No. 3400/Del/2023 & ITA No. 3402/Del/2023 passed in the matter of Kamal Sharma vs. DCIT pertaining to assessment 2008- 09 & 2014-15, wherein, the Tribunal has deleted the similar addition by observing as under:- "9.4 Learned counsel for the assessee reiterated the submissions as made in the synopsis filed on behalf of the assessee and submitted that all relevant details in the form of bo....
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....8, dated: 31-1-2024 - ITAT Delhi in the case of Divya Exim Pvt. Ltd. C/O. Kapil Goel, Adv., Renu Jain C/O. Kapil Goel, Adv., Nisha Jain C/O.Kapil Goel, Adv. Versus DCIT Central Circle 25 New Delhi 2024 (1) TMI 750, dated:-15-1-2024 9.5 On the other hand, learned DR supported the orders of authorities below. 9.6 We have heard rival submissions and perused the material available on record. The stand of assessee is that all details in the form of books of accounts, copy invoices, GR, bilties etc. were filed before the Assessing Officer and the AO without pointing out any specific defect therein rejected the books of account u/s 145(3) and made the impugned addition of Rs. Rs. 12,86,416/- by applying the GP rate of 0.....