2025 (12) TMI 650

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....chand T. Pandya, Sr. DR ORDER PER: BENCH 1. This is an appeal filed by the assessee against the order of the ld. CIT(A), Patna-3, Patna in Appeal No. CIT(A), Patna-3/10116/2020-21 dated 12/09/2024 for the A.Y. 2021-22. 2. Shri Devesh Poddar, ld. A.R. is represented on behalf of the assessee and Shri Khubchand T. Pandya, ld. Sr. DR is represented on behalf of the revenue. 3. It was s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ted 05/03/2025 wherein the Coordinate Bench of this Tribunal has held in para 6 as follows: "6. We have considered the rival submissions. A perusal of the assessment order clearly shows that the date of search is 17.03.2021 which relates to AY 2021-22. Admittedly, notice u/s. 153A has not been issued to the assessee in these years and the return has been filed by the assessee u/s. 139(1) ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sis of presumptions and there has to be an addition u/s. 68, 69A, 69B, 69C or 69D. This being so, we are of the view that the provisions of section 115BEE of the Act cannot be made applicable to the accepted income as disclosed by the assessee in their return filed u/s. 139(1) of the Act. Under these circumstances, the Assessing Officer is directed to apply regular rates of taxes as against the pr....