M/s Agya Ram Manohar Lal, Khanna V. DCIT-CC-1, Ludhiana

CO 28/CHANDI/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4673 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 month(s) 27 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 21-04-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 25-10-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Unexplained investment
• Section: 69; 133A; 153A

Judgement Text

ITA Nos. 247 -C-2021 & CO 28-C-2021, M/s Agya Ram ManoharLal, Khanna, 18 could be made in the hands of assessee firm u/s 69 as unaccounted investment during assessment year under consideration. The ground raised by the department is dismissed. 10.0 In the result, the appeal of the department stands dismissed. 11.0 In the CO, the assessee has challenged the assumption of jurisdiction on the ground that notice u/s 153A could not have been issued in a case covered by survey u/s 133A of the Act and secondly the assessment was bad in law as the approval obtained u/s 153D of the Act was a mere mechanical approval. However, we have already dismissed the appeal of the Department on merits and therefore, at this juncture, we are not inclined to comment/adjudicate on the assumption of jurisdiction by the AO u/s 153A and on issue of approval obtained u/s 153D of the Act and we treat the CO as in fructuous and dismiss it as such. 12.0 In the final result, both the appeal of the Department as well as the CO of the assessee stand dismissed. O rde r p ro no un c e d o n 22. 04 . 2 02 2 . Sd/- Sd/- ( N.K. SAINI) (SUDHANSHU SRIVASTAVA) Vice President Judicial Member Dated : 22.04.2022 “आर.के .” आदेशक त ल पअ े षत/ Copy of the order forwarded to : 1. अपीलाथ / The Appellant 2. यथ / The Respondent 3. आयकरआय ु त/ CIT 4. आयकरआय ु त (अपील)/ The CIT(A) 5. वभागीय त न ध, आयकरअपील!यआ धकरण, च$डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड'फाईल/ Guard File आदेशान ु सार/ By order, सहायकपंजीकार/ Assistant Registrar