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08-07-2019, SAAMAG CONSTRUCTION, Section 132(4A), 292C, 158B(b), Tribunal Delhi

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6 days 13 hours ago #10003 by amit
Section - 132(4A), 292C, 158B(b), 132
Order Date - 08-07-2019
Favouring - Assessee
Court - Tribunal Delhi
Appellant - DCIT
Respondent - SAAMAG CONSTRUCTION LTD.
Justice - H.S. SIDHU JM & B.R.R. KUMAR AM
Citation - 719Taxpundit97
Appeal No. - ITA NO. 2599/DEL/2014
Asstt. Year - 2006-07

Order

PER : H.S. SIDHU, JM

The Revenue have filed these 04 appeals against the respective orders of the Ld. CIT(A), New Delhi in respect of 04 different assessees pertaining to assessment year 2006-07, 2007-08 & 2011-12. Since the grounds raised in some of the Appeals are common and identical, hence, the appeals were heard together and are being disposed of by this common order for the sake of convenience, by dealing with ITA No. 2599/Del/2014 (AY 2006-07).

2. The following grounds have been raised in ITA No. 2599/Del/2014 (AY 2006-07) in the case of DCIT vs. Saamag Construction Ltd.:-

“1. That the CIT(A) erred in admitting additional evidence under Rule 46A

2. That the CIT(A) erred in law and on facts of the case in dele ing the addition of Rs. 1,63,41,365/- on account of unexplained expenditure u/s. 69C.

3. That the CIT(A) erred in law and on facts of the case in deleting the addition of Rs. 2,04,01,195/- made by AO u/s. 2(22)(e) of the Income Tax Act, 1961.

4(a) The order of the CIT(A) is erroneous and not tenable in law and on facts.

(b) The appellant craves leave to add, alter or amend any / all of the grounds of appeal before or during the course of the hearing of the appeal.

3. The following grounds have been raised in ITA No. 2600/Del/2014 (AY 2007-08) in the case of DCIT vs. Saamag Infrastructure Ltd.:-

“1. That the CIT(A) erred in admitting additional evidence under Rule 46A.

2. That the CIT(A) erred in law and on facts of the case in deleting the addition of Rs. 2,80,31,778/- on account of unexplained expenditure u/s. 69C.

4(a) The order of the CIT(A) is erroneous and not tenable in law and on facts.

(b) The appellant craves leave to add, alter or amend any / all of the grounds of appeal before or during the course of the hearing of the appeal.

4. The following grounds have been raised in ITA No. 2603/Del/2014 (AY 2007-08) in the case of DCIT vs. Saga Developers (P) Ltd.:-

“1. That the CIT(A) erred in admitting additional evidence under Rule 46A.

2. That the CIT(A) erred in law and on facts of the case in deleting the addition of Rs. 26,40,000/- on account of unexplained expenditure u/s. 69C.

3. That the Ld. CIT(A) erred in law and on facts of the case in deleting the addition of Rs. 40,23,220/- on account of cash payment for purchase of land.

4(a) The order of the CIT(A) is erroneous and not tenable in law and on facts.

(b) The appellant craves leave to add, alter or amend any / all of the grounds of appeal before or during the course of the hearing of the appeal.”

5. The following grounds have been raised in ITA No. 4058/Del/2015 (AY 2011-12) in the case of DCIT vs. Saamag Developers Ltd.:-

“1. The Ld. CIT(A) has erred in law as well as on facts in holding that the notice u/s. 142(1) was not served upon the appellant within prescribed time limit.

2. The Ld. CIT(A) has erred in law as well as on facts in the quashing the assessment order passed by AO u/s. 143(3) as null and void.

3. (a) The order of the Ld. CIT(A) is erroneous and not tenable in law and on facts.

(b)The appellant craves leave to add, alter or amend any / all of the grounds of appeal before or during the course of the hearing of the appeal.

6. The facts in all the appeals are common and identical and ground no. 1, 2 are exactly the same in Appeal No. 2599/DEL/14, 2600/DEL/14 & 2603/DEL/14, hence for the sake of convenience we are dealing with the facts of ITA No. 2599/Del/2014 (AY 2006-07) in the case of DCIT vs. Saamag Construction Ltd.

7. The brief facts of the case are that a search and seizure operation u/s. 132 of the Income Tax Act, 1961 (in short “Act”) was conducted by the Investigation Wing of the Department on 29.1.2009 in the case of M/s Sammag Group of cases. The assessee company’s business premises at B-67, Sarita Vihar, New Delhi – 44 was also covered u/s. 132(1) of the Act. Notice u/s. 153A of the Act was issued to the assessee on 10.7.2009. In response to the said notice, return declaring an income of Rs. 6,51,670/- was filed on 19.2.2010. Notices u/s. 143(2) and 142(1) of the Act were issued alongwith a questionnaire dated 31.8.2010. Due to change of incumbency fresh notices u/s. 143(2) and 142(1) were again issued on 20.10.2010 and fixed for hearing on 29.10.2010. In response to various statutory notices, the AR of the Assessee attended the proceedings alongwith representative of the Assessee Company and furnished necessary details, information and documents called form time to time. During the assessment proceedings, AO observed that there was complexity in accounts of the assessee, therefore, after obtaining prior approval of the Commissioner of Income Tax, Central II, New Delhi, directions for special audit u/s. 142(2A) of the Act were issued to eh assessee to get his accounts audited from M/s TR Chadha & Co., B-30, Connaught Place, New Delhi. The assessee was asked to furnish such Audit report u/s. 142(2A) within a period of 60 days from the date of receipt of these directions. The assessee has furnished Special Audit Report u/s. 142(1) on 06.6.2011. After perusal of Special Audit Report filed by the assessee, fresh questionnaire alongwith notice u/s. 142(1) were issued to the assessee on 10.6.2011 and case was fixed for 17.6.2011. In response to notices issued, assessee’s counsel has attended the assessment proceedings from time to time alongwith 02 employees of the assessee company. After examination of replies/details

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