TaxTMI 
TaxTMI 
2026 (5) TMI 662
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....of the Income Tax Act, 1961 (for short, "the Act"), dated 20/03/2023 for the Assessment Year (AY) 2019-20. The assessee has assailed the impugned order of the CIT(A) on the following grounds of appeal: 1. "The order passed by the Ld. CIT(A) u/s 250 of the Act dated 28.03.2025 is erroneous both on facts and in law to the extent the order is prejudicial to the interest of the appellant. 2. The Ld. CIT(A) erred by not considering the facts of the case and submissions made by the assessee against the assessment made u/s 153C by AO without any incriminating material relating to the assessee found in searched premises, which is against the provisions of law and principles of natural justice. 3. The Ld. CIT(A) ought to h....
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....rred in issuing the notice u/s 153C of the Act after a lapse of almost most three years from the date of issuance of notice u/s 153A of the Act, in the case of the searched party. 6.4. The Ld. CIT(A) has grossly erred in appreciating the legal position that before invoking the provisions of Section 153C of the Act, the AO of the searched party must record a conclusive satisfaction that documents seized does not belongs to or relates to the searched party, but related to the impugned party. 6.5. The Ld. CIT(A) also erred in properly appreciating the legal position that before invoking the provisions of section 153C of the Act, the A.O of the searched party must record a conclusive satisfaction u/s 153A of the Act that the d....
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....chase of a flat. 5. The AO, based on the aforesaid information, issued notice under section 153C of the Act, dated 27/03/2022, requiring him to file his return of income. In response, the assessee filed his return of income under section 153C of the Act, dated 17/02/2023, declaring an income of Rs. 19,210/-. 6. During the course of the assessment proceedings, the AO observed that a perusal of the seized document, viz., Annexure- A/SC/OFF/01, that was seized in the course of the search proceedings conducted in the case of M/s. Sahiti Constructions revealed that the assessee had made a payment of total sale consideration of Rs. 59 lakhs (sic) towards the purchase of a flat (unit-8). It was observed by him that the aforesaid payment made....
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....any evidence to prove the sources of amounts aggregating to Rs. 18 lakhs, which as per the seized Annexure-A/SC/OFF/01 (as culled out herein above) was stated to have been paid as "Adjustment", viz., (i) Sl.No.6 (of the seized document): Rs. 8 lakhs; and (ii) Sl.No.7 (of the seized document): Rs. 10 lakhs. Accordingly, the AO held the aforementioned amount of Rs. 18 lakhs as an unexplained investment under section 69 of the Act. 10. Aggrieved, the assessee carried the matter in appeal before the CIT(A). As the assessee had failed to participate in the proceedings before the CIT(A), therefore, he approved the view taken by the AO and dismissed the appeal on account of non-prosecution as well as on merits. 11. The assessee, aggrieved wi....