TaxTMI 
TaxTMI 
2025 (5) TMI 2328
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....n the business of real estate, execution of civil contracts and running of bars and restaurants. Search and seizure operations were conducted u/s. 132 of the Income Tax Act, 1961 (the Act) in the business premises of the appellant. During the course of search and seizure operations certain incriminating material was stated to be found and seized by the Department. Based on this incriminating material notice u/s. 153A was issued for AY 2008-09 on 21.06.2013. In response to the notice u/s. 153A the appellant filed return of income declaring income of Rs. 1,80,87,120/- on 05.08.2013. Against the said return of income, the assessment was completed by the DCIT, Circle-2, Kozhikode (hereinafter called "the AO") vide order dated 30.03.2015 passed ....
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....54 ITR 212 (SC) pursuant to the application moved by the appellant u/s. 154 of the Act. After rejection of 154 application on 20.12.2023 appeal was filed immediately on 21.12.2023 before this Tribunal. Thus, it is prayed that the delay had occurred on pursuit of alternative remedy. 6. On the other hand, the learned Sr. DR vehemently opposed condonation of delay. 7. We have heard the rival contentions and perused the material available on record. In the present case the order passed by the CIT(A) was served on the appellant on 16.03.2023. The appeal is required to be filed within a period of 60 days, i.e. on or before 15.05.2023 whereas the appeal was filed on 30.10.2023, thus resulting in a delay of 168 days. It is stated before us th....
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....ing of bars and restaurants. Search and seizure operations were conducted u/s. 132 of the Act in the business premises of the appellant. During the course of search and seizure operations certain incriminating material was stated to be found and seized by the Department. Based on this incriminating material notice u/s. 153A was issued for AY 2009-10 on 21.06.2013. In response to the notice u/s. 153A, the appellant filed return of income declaring additional income of Rs. 76,60,800/- on 05.08.2013. Against the said return of income, the assessment was completed by the DCIT, Circle-2, Kozhikode (hereinafter called "the AO") vide order dated 30.03.2015 passed u/s. 153A(a) of the Act at a total income of Rs. 9,44,62,326/- after making the follo....
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....] 75 traxmann.com 215 upheld the validity of issue of notice u/s. 153A even in the absence of incriminating material. Similarly, the CIT(A) upheld validity of approval granted by CIT u/s. 153D of the Act. The CIT(A) also sustained the addition by holding that the additions were made on the basis of seized material and the statement recorded from the authorised persons. 11. Being aggrieved, the appellant is in appeal before us in the present appeal. 12. The learned counsel for the assessee contended that; (i) the issue of notice u/s. 153A is void ab initio for want of incriminating material found in the course of search and seizure proceedings; (ii) granting of approval u/s. 153D by the JCIT is in violation of law as the approval was g....