TaxTMI 
TaxTMI 
2025 (3) TMI 2214
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....to the assessee in the given circumstances of the case as the order is passed without application of mind. 2. That the ld. Assessing Officer has erred in completing the assessment u/s 153A of the IT Act, 1961 without jurisdiction. 3. That the ld. CIT(A) as well as ld. Assessing Officer has erred in making addition on the basis of presumption without any enquiry from the concerned persons whose names are appearing in the sheets or any cross examination of the person from whose possession the alleged document was found. 4. That the ld. CIT(A) as well as ld. Assessing Officer has failed to discharge the onus casted upon him to prove that the document is true and correct to determine the income particularly when the appellant has denied the document and working of seized material. 5. That the ld. CIT(A) as well as ld. Assessing Officer has erred in making addition without any corroborative material or evidence in support of the addition especially when the assessment has been completed subject to and consequent to search & seizure operation conducted in the assessee group. 6. That the ld. Assessing Officer has erred in making addition of the....
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.... the ld. CIT(A) as well as ld. Assessing Officer has failed to discharge the onus casted upon him to prove that the document is true and correct to determine the income particularly when the appellant has denied the document and working of seized material. 5. That the ld. CIT(A) as well as ld. Assessing Officer has erred in making addition without any corroborative material or evidence in support of the addition especially when the assessment has been completed subject to and consequent to search & seizure operation conducted in the assessee group. 6. That the ld. Assessing Officer has erred in making addition of the entire difference of the sheet as income instead of profit element that could only be earned from the booking amount appearing in the sheet in any real estate transactions which is settled principle of law. 7. That the ld. Assessing Officer as well as ld. CIT(A) has erred in making addition u/s 69A r.w.s. 115BBE of the I. T. Act even though the Assessing Officer as well as CIT(A) has accepted that the alleged receipts are from the real estate business conducted by the appellant. 8. That the ld. Assessing Officer as well as ld. CIT(A)....
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....roup. 6. That the ld. Assessing Officer has erred in making addition of the entire difference of the sheet as income instead of profit element that could only be earned from the booking amount appearing in the sheet in any real estate transactions which is settled principle of law. 7. That the ld. Assessing Officer as well as ld. CIT(A) has erred in making addition u/s 69A r.w.s. 115BBE of the I. T. Act even though the Assessing Officer as well as CIT(A) has accepted that the alleged receipts are from the real estate business conducted by the appellant. 8. That the ld. Assessing Officer as well as ld. CIT(A) has erred in making addition without rejection of books of account making the addition unwarranted and unlawful without lawful jurisdiction." Additional Grounds of Appeal ( I.T.(SS)A.No.113/Lkw/2021) "1. That the ld. CIT(A) has erred in confirming the addition made by the ld. Assessing Officer on the basis of electronic data in absence of any verification of electronic data as per the mandatory procedure u/s 65A & 65B of the Evidence Act, 1872 before adopting the electronic data as evidence by the ld. Assessing Officer against the ap....
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.... (B) These four appeals pertain to assessees M/s Lotus Infra Projects Pvt. Ltd. and M/s Prabhu Aastha Enterprises Pvt. Ltd. Separate assessment orders in the case of M/s Lotus Infra Projects Pvt. Ltd. each dated 29/12/2018 were passed u/s 153A of the Act for assessment years 2012-13, 2013-14 and 2014-15. The income of the assessee was determined at Rs. 31,41,089/- (rounded off to Rs. 31,41,090/-) for assessment year 2012-13 as against returned income of Rs. 4,95,089/-. In assessment year 2013-14, the assessee's income was assessed at Rs. 2,60,79,695/- (rounded off to Rs. 2,60,79,700/-) as against returned income of Rs. 80,14,098/-, and as against total income of Rs. 80,30,020/- as per earlier assessment order dated 14/03/2016 passed u/s 143(3) of the Act. In assessment year 2014-15, the income of the assessee was determined at Rs. 86,65,770/- as against returned income of Rs. 67,69,270/-. In the earlier assessment order dated 24/11/2016 passed u/s 143(3) of the Act also wherein also the assessee's total income was determined for assessment year 2014-15 at Rs. 67,69,270/- In the case of M/s Prabhu Aastha Enterprises Pvt. Ltd. assessment order for assessment year 2017-18 was passed....
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....O during assessment proceeding 7 Copy of Panchanama alongwith Annexures 8 Copy of statement of Sanjeev Kapoor recorded u/s 132 of the Income Tax Act, 1961 dated 13-07-2016 9 Copy of ITR for A.Y 2014-15 alongwith computation of income and Tax Audit Report alongwith financial statement as on 31-03-2014 10 Copy of ITR for A.Y 2013-14 alongwith computation of income and Tax Audit Report alongwith financial statement as on 31-03-2013 11 Copy of ITR for A.Y 2012-13 alongwith computation of income and Tax Audit Report alongwith financial statement as on 31-03-2012 12 Copy of Assessment Order under section 143(3) for the A.Y 2014-15, A.Y 2013-14 and A.Y 2012-13 SI. No. Particular 1 Copy of Tabular Chart containing names of 48 cases in the Raghunath Group of Cases Approved u/s 153D of the Income Tax Act, 1961 by Addl.CIT Central, Kanpur on 29-12-2018 2 Copy of Approval u/s 153D of the Income Tax Act, 1961 issued by Addl.CIT Central Range, Kanpur dated 29-12-20218 bearing F. No. Addl.CIT (CR)/KNP/Approval u/s 153D/2018-19/1519 3 Copy of Order Sheet Entry for the A.Y 2012-13, 2013-14 and 2014-15 4 Copy of Tabular Char....
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....ossible for the Addl. CIT to exercise due application of mind before granting approval in such a large number of cases having regard to the enormity of materials to be considered (assessment records, seized materials, statements, bank transactions, appraisal report of the Investigation Wing, submissions made by/on behalf of the assessee, reasoning given by the Assessing Officer in the draft assessment order, etc.) for due application of mind on the part of the Addl. CIT within a short span of the same working day. He also contended that the assessments made by the Assessing Officer were vitiated due to approval granted by the Addl. CIT in a mechanical manner without due application of mind. Moreover, he also contended that the absence of due application of mind by the Addl. CIT and the grant of approval in mechanical manner was fatal to the assessments made in pursuance of the approvals so granted by Addl. CIT. Similarly, he contended, that the assessment order for assessment year 2017-18 passed by the Assessing Officer in the case of M/s Prabhu Aastha Enterprises Pvt. Ltd. was also vitiated by approval given by Addl. CIT in a mechanical manner without due application of mind. In t....
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.... cases; and on the next date in the remaining cases). There is also no dispute that the relevant materials to be considered by the Addl. CIT before granting of approval is enormous, as contended by the learned Counsel for the assessee and referred to in foregoing paragraph (D) of this order. The requirement of statutory approval of draft assessment order is an inbuilt protection against any unjust, improper, illegal or arbitrary exercise of power of the Assessing Officer. This cannot be done in a mechanical manner, without due application of independent mind by the Addl. CIT on the basis of due consideration of all relevant material. The requirement of prior approval of a superior authority i.e. the Addl. CIT, requires that Addl. CIT should give due consideration to all relevant materials and appraise them properly in order to appreciate the factual and the legal aspects. It is well settled in law that statutory approval by superior authority must be granted only on the basis of proper consideration of all relevant materials, and further that the approval must reflect the due application of mind to the facts of the case and to the applicable law. Therefore, we are in agreement with....