2022 (7) TMI 1606

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....000172453, 100000172454, 100000172455 & 100000172456/2021, vide orders of even date 30.03.2021 for the assessment years 2011-12, 2012-13, 2013-14 & 2014-15. 2. At the outset, it is noticed that these appeals are barred by limitation by 163 days. The orders of PCIT dated 30.03.2021 was received by assessee on 31.03.2021 as per Form 36 but appeals were filed only on 09.11.2021. The ld. AR for the assessee stated that the delay was due to Covid-19 pandemic and the Hon'ble Supreme Court in Miscellaneous Application No.665 of 2021 vide order dated 23.03.2020 has given directions that the delay are to be condoned during this period 15.03.2020 to 14.03.2021 and they have condoned the delay up to 28.02.2022 in Miscellaneous Application No.21 of ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....no incriminating material seized during the course of search and, therefore, the assessment order in respect of those AYs ought to be quashed. In support of his claim the assessee relied on many case laws and more specifically the decision of the Hon'ble Delhi High Court in the case of PCIT Vs Meeta Gutgutia. The CIT(A) after verifying all the facts and the decision of the Hon'ble High Court dismissed the appeal of the assessee for the A.Ys. 2011-12 to 2014-15 observing that the SLP filed by the department before the Hon'ble Supreme Court is pending in the above case. The assessee preferred further appeal before the Hon'ble ITAT, Chennai and Hon'ble ITAT, "B" Bench, Chennai has allowed the appeal of the ass....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....st expenses u/s.37 of the Income Tax Act, 1961. It is also an admitted fact that there is no reference to any seized material / incriminating material in respect of assessment of income from other sources u/s.68 r.w.s 115BBE of the Act. It is well settled principles of law by the decisions of various Courts, including decision of the Hon'ble Supreme Court in the case of PCIT Vs. Meeta Gutgutia Prop. M/s. Ferns N Petals (supra) that in absence of incriminating material found as a result of search u/s.132 or requisition u/s.153A of the Act, completed assessments cannot be disturbed in the assessment framed u/s.153A of the Income Tax Act, 1961. This legal proposition is supported by plethora of decisions, including decision of the Hon'ble ....