TaxTMI 
TaxTMI 
2025 (7) TMI 888
X X X X Extracts X X X X
X X X X Extracts X X X X
.... & 2018-19 respectively, arising out of the orders dated 08.10.2021, passed by the ACIT, Central Circle-16, Delhi, under Section 153C of the Income Tax Act, 1961 (hereinafter referred to as "the Act") for the Assessment Years 2017-18 & 2018-19 respectively. Facts in both the assessment years under consideration being common, all these appeals were heard together and are being disposed of by a common order for the sake of convenience. First we take up cross appeals for A.Y. 2017-18. ITA No. 2495/Del/2023 [A.Y. 2017-18] [Assessee's Appeal] 2. Grounds raised by the assessee read as under: "1. That the order of learned Commissioner of Income Tax (Appeals) is bad in law as well as on the facts and in the circumstances of the ca....
X X X X Extracts X X X X
X X X X Extracts X X X X
....1. Whether on facts of the case and in law, the Ld. CIT(A) has erred in restricting the addition to Rs. 47,41,192/-(@ 10% of Rs. 4,74,11,922/-), when the assessee has failed to produce any documents to refute suppressed business receipts and unrecorded business receipts. 2. Whether on facts of the case and in law, the Ld. CIT(A) has erred in not upholding the entire addition amounting to Rs. 4,74,11,922/-, as the assessee could not produce any document regarding suppressed business receipts and related expenditure incurred on earning these unrecorded business receipts. 3. Whether on facts of the case and in law, the Ld. CIT(A) is correct in estimating the unaccounted income of the assessee at 10% of total undisclosed recei....
X X X X Extracts X X X X
X X X X Extracts X X X X
....017-18 declaring total income of Rs. 3,76,560/- as originally filed under Section 139 on 30.10.2017. The assessee complied with the statutory notices issued by the Ld. AO under Section(s) 143(2)/142(1) of the Act. Reassessment under Section 153C was finalized at Rs. 4,77,88,282/- upon making additions in the following manner: i Return income as per Original Return u/s 139 of the I.T. Act Rs. 3,76,560 ii All adjustment made in earlier assessments/reassessments (u/s 143(3), 147, 153A, 153C etc.), rectification/ appellate order/ revisions etc. Nil iii Income as per ITR filed u/s 153C Rs. 3,76,560 iv Differential/additional income voluntarily declared in ITR filed u/s 153C of the I.T. Act Nil V Additon ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ority who in turn restricted the addition to 10% of unaccounted receipts outside the books of account. 6. It is the case of the Ld. Counsel appearing for the assessee that the issue involved in the case in hand is squarely covered by the order dated 29.04.2025 passed by the Coordinate Bench in the case of Kohli Tent House rendered in ITA Nos. 2475, 2476 & 2477/Del/2023 & others (supra), a copy whereof was duly furnished before us. 7. Ld. DR has not been able to controvert the factual position as narrated hereinabove. 8. We have heard the submissions made by the respective parties and perused the materials available on record. The Ld. CIT(A) has restricted the addition @ 10% of the unaccounted turnover i.e. suppressed sales computed....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s has been pointed out by the Ld. DR so as to take a different view in the matter. Under this facts and circumstances of the matter we have considered the order passed by the Coordinate Bench in ITA Nos. 2475 to 2477/Del/2023 & ITA Nos. 2447 to 2449/Del/2023 wherein the Coordinate Bench with the following observations upheld the order passed by the Ld. CIT(A): "31. We are therefore of considered view that the CIT(A) has applied a scientific view gathered from the seized materials found in the course of search for arriving at the suppressed unaccounted turnover/receipts of the assessee. We are also inclined to accept that the net profit of 75% from such business is not a probable proposition from the business of renting space and ca....