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08-01-2020, Girraj Bansal, Section 153A, 234A, 253A, Tribunal Delhi

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1 week 5 days ago #12004 by amit
Section - 153A, 234A, 253A
Order Date - 08-01-2020
Favouring - Assessee
Court - Tribunal Delhi
Appellant - Girraj Bansal
Respondent - ACIT
Justice - SUDHANSHU SRIVASTAVA JM & ANADEE NATH MISSHRA AM
Citation - 120Taxpundit75
Appeal No. - ITA No.-2002/Del/2017
Asstt. Year - 2008-09

Order

PER : ANADEE NATH MISSHRA, J.M.

(A) This appeal filed by the assessee is against impugned appellate order dated 20.01.2017 passed by the Ld. CIT (Appeals)-31, New Delhi for assessment year 2008-09. Following grounds of appeal have been raised as under :

“1. On the facts and in the circumstances of the case and in law, the Learned CIT(A) has erred in concluding that Learned AO has correctly assumed jurisdiction to assess the assessee u/s 153A/143(3) of the Act, the whole action is wrong, illegal, misconceived, unjustified and bad at law therefore it should be quashed.

2. On the facts and in the circumstances of the case and in law, the authorities below have erred in confirming addition of Rs.83,50,000/- on presumption basis that the assessee has received this amount of Rs.83,50,000/- in cash not declared in Registered Sale Deed on account of sale of first floor and barsati of property no. 31, Block J, South Extension Part I, New Delhi. The action of the authorities below is wrong, illegal, misconceived, unjustified and bad at law therefore it should be quashed.

3. On the facts nd in the circumstances of the case and in law, the authorities below have erred in confirming the addition of Rs.83,50,000/- objected in ground no 2 above on the basis of search and seizure conducted and alleged evidences found in premises of third party without following the proper procedure in the law before relying on those evidences therefore action of the authorities below is wrong, illegal, misconceived, unjustified and bad at law therefore it should be quashed.

4. On the facts and in the circumstances of the case and in law, the authorities below have erred in confirming addition of Rs.83,50,000/- on presumption basis that the assesse has received this amount of Rs.83,50,000/- in cash not declared in Registered Sale Deed on account of sale of another property at ground floor no. 31, Block J, South Extension Part I, New Delhi. The action of the authorities below is wrong, illegal, misconceived, unjustified and bad at law therefore it should be quashed.

5. On the facts and in the circumstances of the case and in law, the authorities below have erred in confirming the addition of Rs.83,50,000/- objected in ground no.4 above on the basis of search and seizure conducted and alleged evidences found in premises of third party witho t following the proper procedure in the law before r lying on those evidences therefore action of he authorities below is wrong, illegal, misconceived, unjustified and bad at law therefore it should be quashed.

6 On the facts and in the circumstances of the case and in law, the authorities below have erred in charging interest u/s 234A Rs.5,03,685/-, interest u/s 234B Rs.53,72,637/- and interest u/s 234C Rs.2,08,000/-. The action of the authorities below is wrong, illegal, misconceived, unjustified and bad at law therefore it should be quashed.

7. The appellant craves the right to add, submit, alter or withdraw any or all grounds of appeal before or on the date of hearing.

(B). The assessment order dated 30.03.2016 was passed u/s 253A/143(3) of Income Tax Act wherein two separate additions of Rs. 83,50,000/- each, total 1,67,00,000/- was made on account of alleged undisclosed cash received towards sale of properties. The assessee had 50% share in the aforesaid properties and the addition made by the Assessing Officer as aforesaid was 50% of the alleged total cash received by the two co-owners of the properties. The remaining 50% addition has been made in the hands of the other co-owner, namely Sh. Bharat Singh who also happens to be the brother of the assessee. The relevant portion of the assessment order is reproduced as under :-

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