2025 (3) TMI 2200

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....f the appeal before it against the order dated 27.12.2018 passed u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') by the DCIT, Central Circle, Ghaziabad (hereinafter referred to as the Ld. AO). 2. The facts of the case are that a search and seizure operation u/s 132 of the Act was conducted at the premises of the assessee comprising M/s VVIP and SSG group of cases. The warrant was in the name of Shri Harjeet Singh Sahni and search operation u/s 132 was conducted at the residential premises of the assessee at Villa No.3, ATS Village Green, Sector-93A, Noida. In view of search operation, the group cases were centralized to DCIT, Central Circle, Ghaziabad u/s 127 of the Act. During the relevant assessment year, ....

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....general statement wherein even the year in which the surrender is being made is not mentioned nor is any specific income mentioned. b. The words of the statement recorded are "Undisclosed Income Which May Have Been Earned by my business" and hence the statement appears to be a bald statement without any income. c. The statement of the appellant is not supported by any corroborative evidence. d. During the relevant year the appellant has income only from Salaries. Income From House Property and Income from other sources and does not have any Business Income. e. The A.O in his assessment order has not established or linked any incriminating document to the surrender made by the appellant. f. The pr....

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....erial the same would imply to have been made in respect of the income the addition of which have been made and sustained u/s 153A. As the addition sustained is more than Rs 5 crores an addition of Rs 5 crores on the hands of the appellant would amount to double addition of the same income and an Income cannot be taxed twice. In view of the above and the various case laws stated by the appellant and considering the fact that additions in excess of the above amounts have already been made and sustained the addition of Rs 5 crores made in the hands of the appellant is hereby deleted." 3. The Department is in appeal raising the following grounds:- "1 On facts and circumstances of the case and in law, the Ld. CIT(A) erred in....

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.... leading to that undisclosed alleged income especially when CIT(A) has observed that the assessee was in various business and had many business entities. Then, the statement even does not disclose as to which particular period or assessment year the alleged undisclosed income relates and, thus, we find that even the AO mentions in the assessment order that the assessee had not given any bifurcation as to in which financial year he has made surrender, hence, the surrendered amount was considered in the year under consideration. The ld. DR could not controvert the findings of the ld.CIT(A) that the statement of the assessee is not supported by any corroborative evidence. 6. Certainly, by virtue of section 132(4) of the Act a statement reco....