M/s. Kranti Realtors Private Ltd., Pune V. Assistant Commissioner of Income-tax ,

ITA 2022/PUN/2013

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 0905 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 11 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-11-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Next Hearing Date: 07-05-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 21-11-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: HITENDRA NINAVE
• Keywords: Search and seizure; Opportunity of being heard; Additional evidence; Question of law
• Section: 143(3); 142(1); 133A; 153A; 6; 263; 132; 2; 15; 139

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI PRADIP KUMAR KEDIA , AM ITA NO S . 2021 TO 2023 /PN/201 3 ASSESSMENT YEAR S : 200 7 - 0 8 TO 2009 - 10 KRANTI REALTORS PRIVATE LIMITED, 202, 1206/2A, SANKALP, SHIVAJI NAGAR, PUNE 411 005. PAN : AACCK9742Q . APPELLANT VS. THE ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCL E 2(2), PUNE. . RESPONDENT / APPELLANT BY : SHRI DHARMESH SHAH / RESPONDENT BY : SHRI HITENDRA NINAVE / / / DATE OF HEARING : 18 .0 8 .2015 / DATE OF PRONOUNCEMENT: 10 . 11 .2015 / ORDER PER SUSHMA CHOWLA, JM : THIS BUNCH OF THREE APPEALS FILED BY THE ASSESSEE ARE AGAINST THE CONSOLIDATED ORDER OF CIT (A) - CENTRAL , PUNE DATED 23.09.2013 RELATING TO DIFFERENT ASSESSMENT YEAR S 2007 - 08, 2008 - 09 AND 2009 - 10 AGAINST RESPECTIVE ORDERS PASSED UNDER SECTION 1 43(3) R.W.S. 153C OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) . 2. THIS BUNCH OF APPEALS RELATING TO THE SAME ASSESSEE ON SIMILAR ISSUE S WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE . 2 ITA NO S . 2021 TO 2023 /PN/201 3 3 . I N ITA NO.202 1/PN/2013, THE ASSESSEE HAS RAISED THE FOLLOWING GROUND OF APPEAL : - 1. THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) HAS ERRED IN LAW AND IN FACTS IN PASSING CIT(A) ORDER UNDER SECTION 250 OF THE ACT WHICH IS INVALID AND ILLEGAL. 2. THE LEARNED COMMI SSIONER OF INCOME - TAX (APPEALS) HAS ERRED IN LAW AND IN FACTS NOT APPRECIATING THAT THE APPELLANT OUGHT TO HAVE BEEN GRANTED ALLOWANCES OF EXPENSES TOWARDS PROFESSIONAL FEES OF RS.1,25,000/ - . 3. THE APPELLANT CRAVES LEAVE OF YOUR HONOR TO ADD TO ALTER, AME ND AND/OR DELETE ALL OR ANY OF THE FOREGOING GROUNDS OF APPEAL. 4 . DURING THE COURSE OF HEARING, THE ASSESSEE MOVED AN APPLICATION FOR RAISING ADDITIONAL GROUNDS OF APPEAL WHICH READ AS UNDER: - 1. THE LD. COMMISSIONER OF INCOME - TAX (APPEALS) ERRED IN NO T APPRECIATING THAT THE ASSESSMENT ORDER U/S. 153C OF THE ACT CAN BE COMPLETED AND THE ADDITIONS IN THE ASSESSMENT ORDER CAN BE MADE ONLY ON THE BASIS OF INCRIMINATING MATERIALS FOUND AS A RESULT OF SEARCH. 2. THE LD. COMMISSIONER OF INCOME - TAX (APPEALS) OUGHT TO HAVE DELETED THE ADDITIONS MADE AS THE SAME WERE NOT BASED ON ANY INCRIMINATING MATERIALS. 5. BRIEFLY , IN THE FACTS OF THE PRESENT CASE , SEARCH AND SEIZURE ACTION UNDER SECTION 132(1) OF THE ACT WAS UNDERTAKEN AT THE PREMISES OF SHRI AJAY BAFNA ON 16.02.2010. DURING THE COURSE OF SEARCH AND SEIZURE ACTION UNDER SECTION 132(1) / 133A OF THE ACT CERTAIN INCRIMINATING DOCUMENTS BELONGING TO THE ASSESSEE WERE FOUND AND SEIZED. IN VIEW OF THIS, NOTICE UNDER SECTION 153C OF THE ACT WAS ISSUED FOR REC ORDING SATISFACTION. IN RESPONSE TO NOTICE UNDER SECTION 153C OF THE ACT, THE ASSESSEE FURNISHED RETURN OF INCOME DECLARING TOTAL INCOME AT RS.NIL. THE ORIGINAL ASSESSMENT IN THE CASE WAS COMPLETED UNDER SECTION 143(3) OF THE ACT VIDE ORDER DATED 29.12.2 009 . THE ASSESSING OFFICER NOTED THAT DURING THE COURSE OF SEARCH AND SEIZURE ACTION UNDER SECTION 132 OF THE ACT, CERTAIN PAPER S RELATING TO EXPENSES OF RS.6,50,000/ - TO SWOJAS AIR CHARTERS W ERE FOUND. THE ASSESSEE IN THE RETURN OF INCOME HAS SHOWN EXPE NDITURE OF RS.14,80,366/ - ON TRAVELLING AND RS.1,81,180/ - ON LEGAL & PROFESSIONAL CHARGES. THE ASSESSEE HAD NOT OFFERED ANY PLAUSIBLE EXPLANATION IN THE MATTER, HENCE, TRAVELLING EXPENSES OF RS.14,80,366/ - WERE 3 ITA NO S . 2021 TO 2023 /PN/201 3 DISALLOWED. FURTHER, THE ASSESSING OFFICER VIDE PARA 9 OBSERVED THAT FROM THE RETURN OF INCOME, IT IS S EEN THAT THE ASSESSEE HAS CLAIMED LEGAL EXPENSES OF RS.1,81,180/ - CONSISTING OF RS.1,25,000/ - PAID TO ADVOCATE TOWARDS LEGAL & PROFESSIONAL FEES. SINCE THE EXPENDITURE RELATED TO FORMATION OF THE COMPANY, THE SAME WAS DISALLOWED AND AN ADDITION OF RS.1,25,000/ - WAS MADE. ANOTHER ADDITION WAS MADE ON ACCOUNT OF INTEREST PAID AND DISALLOWED AND CAPITALIZED TO WORK IN PROGRESS AT RS. 98,13,699/ - . 6. THE CIT(A) UPHELD THE DISALLOWANCE OF TRAVEL LING EXPENSES OF RS.14,80,366/ - . ANOTHER ISSUE RAISED BEFORE THE CIT(A) WAS THAT THE ASSESSING OFFICER HAD NOT RECORDED NECESSARY SATISFACTION UNDER SECTION 153C OF THE ACT. THE SAID ISSUE WAS DELIBERATED UPON BY THE CIT(A) AND VIDE PARA 9.6, IT HAS BEEN HELD THAT THE S ATISFACTION HAD IN FACT BEEN DULY RECORDED BY THE ASSESSING OFFICER BEFORE INITIATING THE PROCEEDINGS UNDER SECTION 153C OF THE ACT AND HENCE, THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE WERE REJECTED. ANOTHER ASPECT VIDE PARA 9.7 OF THE APPELLATE ORDER AT PAGE 11 CONSIDERED BY THE CIT(A) WAS THAT NO DOCUMENTS MUCH LESS INCRIMINATING DOCUMENTS, WERE SEIZED DURING THE COURSE OF SEARCH ACTION. THE CIT(A) NOTED THAT THE ITEMS PERTAINING TO THE ASSESSEE , WHICH WERE SEIZED DURING THE COURSE OF SEARCH CONDUCTED AT THE PREMISES OF SHRI AJAY BAFNA HAVE BEEN REPRODUCED IN THE SATISFACTION NOTE BY THE ASSESSING OFFICER. IN VIEW THEREOF, THE CIT(A) CONSIDERED THAT THE NATURE OF DOCUMENTS IMPOUNDED I.E. PEN DRIVE CONTAINING BACK - UP OF DATA FOUND IN T HE LAPTOP OF MR. BAFNA, WHICH PERTAINED TO THE TRANSACTION OF THE ASSESSEE FOR THE PERIOD AUGUST, 2006 TO MARCH, 2008, CHEQUE OF THE ASSESSEE ON ABHYUDAYA CO - OP. BANK , INVOICE ISSUED BY SWAJAS AIR CHARTER (P) LTD. IN THE NAME OF ASSESSEE AND ANOTHER PEN DR IVE CONTAINING DETAILS OF VARIOUS TRANSACTION S OF THE ASSESSEE. THE CIT(A) OBSERVED VIDE PARA 9.1.2 AT PAGE 12 OF THE APPELLATE ORDER THAT IT WAS NOT CLEAR AS TO HOW THE ASSESSEE CAN CONTEND THAT NO DOCUMENTS INCRIMINATING OR OTHERWISE, WERE FOUND PURSUAN T TO SEARCH ACTION. 4 ITA NO S . 2021 TO 2023 /PN/201 3 ANOTHER CONTENTION OF THE ASSESSEE THAT IN THE LIGHT OF DECISION OF MUMBAI BENCH OF TRIBUNAL IN ALL CARGO GLOBAL LOGISTICS LTD. VS. DCIT , WHERE THE ASSESSMENT HAD AB ATED, THE ASSESSING OFFICER WOULD MAKE AMENDMENT ONLY ON THE BAS IS OF INCRIMINATING MATERIAL, WAS CONSIDERED BY THE CIT(A) IN PARA 9.1.5 AND THIS OBJECTION OF THE ASSESSEE WAS DISMISSED BY THE CIT(A). THE ADDITION MADE ON ACCOUNT OF DISALLOWANCE OF INTEREST EXPENSES OF RS.98,13,699/ - WAS DELETED BY THE CIT(A) VIDE PARAS 11 TO 11.4 OF THE APPELLATE ORDER. 7 . NOW, COMING TO THE LAST ADDITION OF DISALLOWANCE OF RS.1,25,000/ - , THE SAME WAS UPHELD BY THE CIT(A) SINCE THE EXPENDITURE WAS INCURRED IN RELATION TO FORMAT ION OF THE COMPANY, WHICH IS CAPITAL IN NATURE. 8 . THE LEARN ED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE AT THE OUTSET POINTED OUT THAT IT HAD RAISED ADDITIONAL GROUND OF APPEAL AGAINST THE ASSESSMENT ORDER PASSED UNDER SECTION 153 C OF THE ACT. THE PLEA OF THE LEARNED AR BEFORE US WAS THAT NO ADDITION WAS WARRANT ED ON ACCOUNT OF DISALLOWANCE OF LEGAL EXPENSES WHEN NO INCRIMINATING DOCUMENTS WERE FOUND DURING THE COURSE OF SEARCH. THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE POINTED OUT THAT ORIGINAL ASSESSMENT UNDER SECTION 143(3) OF THE ACT WAS COMPLETE D ON 29 .12.200 9 . AFTER THAT , SEARCH ON THE PREMISES OF SHRI AJAY BAFNA WAS CARRIED OUT ON 06 .0 2 .20 1 0. THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE DREW OUR ATTENTION TO THE ASSESSMENT ORDER PASSED UNDER SECTION 153C R.W.S 143(3) OF THE ACT IN T HE CASE OF A SSESSEE . THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE STRESSED THAT DURING THE COURSE OF SEARCH AND SEIZURE PROCEEDINGS, NO INCRIMINATING DATA WAS FOUND AND WHERE THE ASSESSMENT IN THE CASE OF THE ASSESSEE HAD ALREADY BEEN COMPLETED, FOR APPLYING THE PROVISIONS OF SECTION 153 C R . W . S . 143(3) OF THE ACT, CERTAIN INCRIMINATING DOCUMENTS SHOULD HAVE BEEN FOUND. IN THE ABSENCE OF THE SAME, NO ADDITION COULD BE MADE IN THE HANDS OF THE ASSESSEE. THE LEARNED AR FOR 5 ITA NO S . 2021 TO 2023 /PN/201 3 THE ASSESSEE IN THIS REGAR D PLACED RELIANCE ON THE RATIO OF THE DECISIONS LAID DOWN BY THE HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. CONTINENTAL WAREHOUSING CORPORATION IN INCOME TAX APPEAL NO.523 OF 2013 AND CIT VS. ALL CARGO GLOBAL LOGISTICS LTD. IN INCOME TAX APPEAL NO.19 69/2013, JUDGMENT DATED 21.04.2015 AND CIT VS. MURLI AGRO PRODUCTS LTD. I N INCOME TAX APPEAL NO.36 OF 2009 JUDGMENT DATED 29.10.2010. THE CASE OF THE LEARNED AR FOR THE ASSESSEE BEFORE US WAS THAT WHERE ORIGINAL ASSESSMENT HAD BEEN COMPLETED, THE HONBLE H IGH COURT LAID DOWN THE RATIO THAT IN SUCH CASES THE PROVISIONS OF SECTION 153A OF THE ACT WOULD BE ATTRACTED ONLY IF ANY INCRIMINATING DOCUMENTS WERE FOUND. IN THE ABSENCE OF ANY INCRIMINATING DOCUMENTS FOUND FROM THE POSSESSION OF THE PERSON , NO ADDITION WAS WARRANTED UNDER SECTION 153A R.W.S 143(3) OF THE ACT. THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE FURTHER STATED THAT EVEN IN CASE OF ASSESSMENT TO BE MADE UNDER SECTION 153C OF THE ACT, SIMILAR PROPOSITION IS TO BE APPLIED. IN THE ORIGIN AL ASSESSMENT MADE UNDER SECTION 143(3) OF THE ACT, ADDITION OF RS.1,25,000/ - WAS MADE. THE EXPENSES WERE CLAIMED IN THE ORIGINAL RETURN OF INCOME AND IN THE WAS MADE. THE EXPENSES WERE CLAIMED IN THE ORIGINAL RETURN OF INCOME AND IN THE ABSENCE OF ANY INCRIMINATING EVIDENCE FOUND IN THIS REGARD, WHERE THE PROCEEDINGS HAVE NOT ABATED , NO ADDITION COULD BE MADE IN THE ABSENCE OF INCRIMINATING DOCUMENTS. THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE FURTHER STRESSED THAT THE ADDITIONAL GROUND OF APPEAL RAISED BY IT WAS A LEGAL ISSUE, WHICH DID NOT INVOLVE ANY INVESTIGATION OF FACTS, HENCE, THE SAME MAY BE ADMITTED. 9 . THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE POINTED OUT THAT THE ISSUE OF INVOKING OF JURISDICTION UNDER SECTION 153 C OF THE ACT IS RAISED BY THE ASSESSEE BY WAY OF ADDITIONAL GROUND AND THE SAME COUL D NOT BE RAISED AT THIS STAGE. IT WAS FURTHER POINTED OUT BY THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE THAT RELIANCE PLACED UPON THE CASE OF MURLI AGRO PRODUCTS LTD (SUPRA) WAS MISPLACED AS THE ORDER IN THE SAID CASE WAS PASSED U/S. 263 OF T HE ACT, WHICH HAD NO RELEVANCE TO THE PROVISIONS OF SECTION 153A / 153C OF THE ACT. THE LEARNED 6 ITA NO S . 2021 TO 2023 /PN/201 3 DR FURTHER RELIED ON THE ORDER OF THE CIT(A) AND POINTED OUT THAT WHEN ASSESSMENT WAS MADE UNDER SECTION 143(3 ) OF THE ACT, ADDITION WAS MADE, THE SAME IS TO BE ADDED IN THE HANDS OF THE ASSESSEE. 1 0 . IN THIS REGARD, IN THE REJOINDER, THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE POINTED OUT THAT THE ISSUE OF ADDITIONAL GROUND OF APPEAL IS COVERED BY THE DECISION OF THE APEX COURT IN NATIONAL THERMAL PO WER CO. LTD. REPORTED IN (1998) 229 ITR 383 (SC). 1 1 . WE HAVE HEARD THE RIVAL CONTENTIONS AND HAVE PERUSED THE RECORD. THE ASSESSEE BEFORE US HAS RAISED ADDITIONAL GROUNDS OF APPEAL, WHICH IS A JURISDICTIONAL ISSUE RAISED BY THE ASSESSEE. THE FIRST ASPECT OF THE SAID ADDITIONAL GROUNDS OF APPEAL IS ITS ADMISSION. WE FIND THAT EVEN BEFORE THE SPECIAL BENCH OF THE MUMBAI IN THE CASE OF M/S. ALL CARGO GLOBAL LOGISTICS LTD. IN ITA NO. 5018 TO 5022 AND 5059/MUM/2010 RELATING TO A.YS 2004 - 05 TO 2009 - 2010 , THE I SSUE OF ASSESSMENT COMPLETED UNDER SECTION 153A R.W.S. 143(3) OF THE ACT WAS RAISED BY WAY OF ADDITIONAL GROUNDS OF APPEAL. THE PERUSAL OF THE ORDER OF SPECIAL BENCH OF TRIBUNAL IN M/S. ALL CARGO GLOBAL LOGISTICS LTD. (SUPRA) VIDE PARA 7.2 , THE SPECIAL BE NCH CONSIDERED WHETHER THE ISSUE RAISED BY THE ASSESSEE AS AN ADDITIONAL GROUND COULD BE ADMITTED, WHERE NO SUCH GROUND WAS TAKEN BEFORE THE CIT(A) OR THE ASSESSING OFFICER . THE SAID GROUND WAS ADMITTED AS ADDITIONAL GROUND OF APPEAL IN TURN RELYING ON THE RATIO LAID DOWN BY HONBLE APEX COURT IN NATIONAL THERMAL POWER CO. LTD. (SUPRA). THE RELEVANT FINDING OF THE SPECIAL BENCH ARE IN PARA 7.3 OF THE ORDER AND IT WAS HELD THAT WHERE QUESTION OF LAW ARISES FOR WHICH FACTS ARE ON RECORD, SUCH QUESTION SHOULD BE ALLOWED TO BE RAISED, IF IT IS NECESSARY TO DO SO TO ASSESS THE CORRECT TAX LIABILITY. 1 2 . WE FIND MERIT IN THE RELIANCE PLACED UPON BY THE LEARNED AR FOR THE ASSESSEE. THE TRIBUNAL HAS THE JURISDICTION TO ALLOW OR NOT ALLOW A NEW GROUND TO BE 7 ITA NO S . 2021 TO 2023 /PN/201 3 RAISED, BUT WHERE THE TRIBUNAL IS ONLY REQUIRED TO CONSIDER A QUESTION OF LAW ARISING FROM THE FACTS WHICH ARE ON RECORD, THEN SUCH QUESTION CAN BE RAISED BY THE PARTIES AS AN ADDITIONAL GROUND OF APPEAL AND THE SAME IS TO BE ADJUDICATED IN ORDER TO CORRECTLY ASS ESS THE TAX LIABILITY OF THE ASSESSEE. RELIANCE IN THIS REGARD IS PLACED ON THE RATIO LAID DOWN BY APEX COURT IN NATIONAL THERMAL POWER CO. LTD. (SUPRA) AND ALSO THE INTERIM ORDER DATED 21.05.2012 OF SPECIAL BENCH IN THE CASE OF ALL CARGO GLOBAL LOGISTICS LTD. IN VIEW THEREOF, WE ADMIT THE LEGAL ISSUE RAISED BY THE ASSESSEE I.E. IN THE ABSENCE OF ANY INCRIMINATING MATERIAL FOUND DURING THE COURSE OF SEARCH WHETHER ANY ADDITION COULD BE MADE IN THE HANDS OF THE ASSESSEE ON ACCOUNT OF DISALLOWANCE OF EXPENSES IN THE ASSESSMENT ORDER PASSED U/S. 153 C OF THE ACT. IN THE FINAL ORDER OF THE SPECIAL BENCH DATED 06.07.2012, WHILE ADDRESSING THE ISSUE OF EFFECT OF PROVISIONS OF SECTION 153A OF THE ACT, IT WAS HELD AS UNDER: 58. THUS, QUESTION NO.1 BEFORE US IS ANSW ERED AS UNDER: A) IN ASSESSMENTS THAT ARE ABATED, THE AO RETAINS THE ORIGINAL JURISDICTION AS WELL AS JURISDICTION CONFERRED ON HIM U/S 153A FOR WHICH ASSESSMENTS SHALL BE MADE FOR EACH OF THE SIX ASSESSMENT YEARS SEPARATELY EACH OF THE SIX ASSESSMENT YEARS SEPARATELY B) IN OTHER CASES, IN ADDITI ON TO THE INCOME THAT HAS ALREADY BEEN ASSESSED, THE ASSESSMENT U/S 153A WILL BE MADE ON THE BASIS OF INCRIMINATING MATERIAL, WHICH IN THE CONTEXT OF RELEVANT PROVISIONS MEANS (I) BOOKS OF ACCOUNT, OTHER DOCUMENTS, FOUND IN THE COURSE OF SEARCH BUT NOT P RODUCED IN THE COURSE OF ORIGINAL ASSESSMENT, AND (II) UNDISCLOSED INCOME OR PROPERTY DISCOVERED IN THE COURSE OF SEARCH. 1 3 . INTERPRETING THE PROVISIONS OF SECTION 153A OF THE ACT, IT WAS HELD THAT IN CASES WHICH HAVE ALREADY BEEN ASSESSED TO TAX THEN , WHILE COMPLETING THE ASSESSMENT U/S. 153A, ADDITION WOULD BE MADE ONLY ON THE BASIS OF INCRIMINATING DOCUMENTS FOUND DURING THE COURSE OF SEARCH. APPLYING THE ABOVE SAID PROPOSITION TO THE FACTS OF THE PRESENT CASE, WE FIND THAT THE ORIGINAL ASSESSMENT I N THE CASE OF THE ASSESSEE U/S. 143(3) OF THE ACT WAS COMPLETED ON 29 .12.200 9 . SEARCH UNDER SECTION 132(1) OF THE ACT WAS UNDERTAKEN ON THE PREMISES OF SHRI AJAY BAFNA ON 06.02.2010 AND HENCE, WHERE THE ASSESSMENT WAS ALREADY COMPLETED, SAME HAD NOT ABATED AND CONSEQUENTLY THE ADDITION PURSUANT TO THE SEARCH PROCEEDINGS COULD 8 ITA NO S . 2021 TO 2023 /PN/201 3 BE MADE IN THE HANDS OF THE ASSESSEE U/S. 153A OF THE ACT ONLY ON THE BASIS OF INCRIMINATING MATERIAL FOUND DURING THE COURSE OF SEARCH. THE PERUSAL OF THE ORDERS OF THE AUTHORITIES BE LOW REFLECT THAT INFORMATION WITH REGARD TO THE PROFESSION AL FEES OF RS.1,25,000/ - WAS FROM THE RETURN OF INCOME. HOWEVER, DURING THE COURSE OF SEARCH, DOCUMENTS RELATING TO EXPENSES OF RS.6,50,000/ - WERE FOUND, AGAINST WHICH, THE ASSESSEE IN THE RETURN O F INCOME HAS SHOWN EXPENDITURE OF RS.14,80,366/ - ON TRAVELLING. SINCE THE ASSESSEE HAD NOT FURNISHED ANY PLAUSIBLE EXPLANATION IN THIS REGARD, ADDITION OF RS. 14,80,366/ - WAS MADE BY THE ASSESSING OFFICER WHILE PASSING THE ORDER UNDER SECTION 153C R.W.S. 1 43(3) OF THE ACT. THE SAID ADDITION HAS BEEN UPHELD IN THE HANDS OF THE ASSESSEE BY THE CIT(A) VIDE PARAS 7 TO 7.3 AT PAGES 4 TO 6 OF THE APPELLATE ORDER. THE PERUSAL OF GROUNDS OF APPEAL ORIGINALLY FILED BY THE ASSESSEE SHOWS THAT NO GROUNDS OF APPEAL A GAINST THE AFORESAID ADDITION UPHELD BY THE CIT(A) , HAS BEEN RAISED BY THE ASSESSEE . O NLY GROUND OF APPEAL RAISED BY THE ASSESSEE ORIGINALLY WAS AGAINST THE DISALLOWANCE OF EXPENSES ON ACCOUNT OF PROFESSIONAL FEES OF RS.1,25,000/ - . IN CASE NO EXPENSES ON ACCOUNT OF PROFESSIONAL FEES OF RS.1,25,000/ - . IN CASE NO IN CRIMINATI NG DOCUMENTS ARE FOUND DURING THE COURSE OF SEARCH IN THE HANDS OF ASSESSEE, FOR THE RELEVANT YEAR, WHERE THE ASSESSMENT HAD ALREADY BEEN COMPLETED UNDER SECTION 143(3) OF THE ACT PRIOR TO THE SEARCH UNDER SECTION 132(1) OF THE ACT , THE PROVISIONS OF SECTI ON 153C R.W.S. 143(3) OF THE ACT WOULD NOT BE INVOKED. IN THE ABSENCE OF ANY INCRIMINATING DOCUMENTS FOUND FROM POSSESSION OF SEARCHED PERSON, THE RATIO LAID DOWN BY THE SPECIAL BENCH OF THE TRIBUNAL IN THE CASE OF ALL CARGO GLOBAL LOGISTICS LTD. (SUPRA) IS TO BE APPLIED TO ASSESSMENT YEARS, WHERE ASSESSMENTS HAVE NOT ABATED. THE TRIBUNAL HELD AS UNDER: - 53. THE QUESTION NOW IS - WHAT IS THE SCOPE OF ASSESSMENT OR REASSESSMENT OF TOTAL INCOME U/S 153A (1) (B) AND THE FIRST PROVISO? WE ARE OF THE VIEW THA T FOR ANSWERING THIS QUESTION, GUIDANCE WILL HAVE TO BE SOUGHT FROM SECTION 132(1). IF ANY BOOKS OF ACCOUNT OR OTHER DOCUMENTS RELEVANT TO THE ASSESSMENT HAD NOT BEEN PRODUCED IN THE COURSE OF ORIGINAL ASSESSMENT AND FOUND IN THE COURSE OF SEARCH IN OUR HU MBLE OPINION SUCH BOOKS OF ACCOUNT OR OTHER DOCUMENTS HAVE TO BE TAKEN INTO ACCOUNT WHILE MAKING ASSESSMENT OR REASSESSMENT OF TOTAL INCOME UNDER THE AFORESAID PROVISION. SIMILAR POSITION WILL OBTAIN IN A CASE WHERE UNDISCLOSED INCOME OR UNDISCLOSED PROPER TY HAS BEEN FOUND AS A CONSEQUENCE OF SEARCH. IN OTHER WORDS, HARMONIOUS INTERPRETATION WILL PRODUCE THE FOLLOWING RESULTS: - 9 ITA NO S . 2021 TO 2023 /PN/201 3 A) IN SO FAR AS PENDING ASSESSMENTS ARE CONCERNED, THE JURISDICTION TO MAKE ORIGINAL ASSESSMENT AND ASSESSMENT U/S 153A MERGE INTO ONE AND ONLY ONE ASSESSMENT FOR EACH ASSESSMENT YEAR SHALL BE MADE SEPARATELY ON THE BASIS OF THE FIN D INGS OF THE SEARCH AND ANY OTHER MATERIAL EXISTING OR BROUGHT ON THE RECORD OF THE AO , (B) IN RESPECT OF NON - ABATED ASSESSMENTS, THE ASSESSMENT WILL BE MADE ON THE BASIS OF BOOKS OF ACCOUNT OR OTHER DOCUMENTS NOT PRODUCED IN THE COURSE OF ORIGINAL ASSESSMENT BUT FOUND IN THE COURSE OF SEARCH, AND UNDISCLOSED INCOME OR UNDISCLOSED PROPERTY DISCOVERED IN THE COURSE OF SEARCH. 14. THE SAID DECISION OF THE SPECIAL BENCH HAS BEEN APPROVED BY THE HONBLE BOMBAY HIGH COURT IN THE CASE OF CONTINENTAL WAREHOUSING CORPORATION IN CONSOLIDATED ORDER WITH CIT VS. ALL CARGO GLOBAL LOGISTICS LTD. (SUPRA) . HOWEVER, AS POINTED OUT IN PARAS HEREINABOVE, IN THE CASE OF TH E ASSESSEE, INCRIMINATING DOCUMENTS RELATING TO TRAVELLING EXPENSES WERE FOUND AND THE ADDITION ON THAT BASIS HAS BEE N MADE IN THE HANDS OF ASSESSEE , WHICH HAS BEEN UPHELD BY THE CIT(A), AGAINST WHICH ASSESSEE IS NOT IN APPEAL. HENCE, IN CASES WHERE INCRI MINATING DOCUMENTS ARE FOUND, THE PROVISIONS OF SECTION153C R.W.S. 143(3) OF THE ACT ARE ATTRACTED. IT IS NOT THE CASE OF ASSESSEE THAT THE JURISDICTION INVOKED UNDER SECTION 153C OF THE ACT BY THE ASSESSING OFFICER IS NOT CORRECTLY INVOKED. THE ASSESSEE HAS NOT CHALLENGED THE ADDITION MADE IN ITS HANDS FOR THE CAPTIONED ASSESSMENT YEAR ON THE BASIS OF INCRIMINATING DOCUMENTS FOUND FROM HIS POSSESSION. IN VIEW THEREOF, THE ASSESSMENT ORDER PASSED UNDER SECTION 153C R.W.S. 143(3) OF THE ACT HAS BEEN CORRE CTLY PASSED. THE OBJECTION OF THE ASSESSEE BEFORE US WAS THAT IN RESPECT OF SEC OND ADDITION OF RS.1,25,000/ - SINCE NO INCRIMINATING DOCUMENTS WERE FOUND, SINCE ASSESSMENT HAS NOT ABATED, NO PROCEEDINGS CAN BE COMPLETED UNDER SECTION 153C R.W.S. 143(3) OF THE ACT. WE FIND NO MERIT IN THE SAID STAND OF THE ASSESSEE, IN VIEW OF INCRIMINATING DOCUMENTS FOUND FROM THE POSSESSION OF THE ASSESSEE IN RESPECT OF TRAVELLING EXPENSES AND ADDITION HAVING BEEN MADE ON THAT ACCOUNT, THE ASSESSMENT ORDER PASSED UNDER SE CTION 153C R.W.S. 143(3) OF THE ACT HAS BEEN CORRECTLY MADE . 10 ITA NO S . 2021 TO 2023 /PN/201 3 15. NOW, COMING TO THE MERIT S OF ADDITION IN THE CASE OF ASSESSEE. WE FIND THAT THOUGH THE INFORMATION HAS BEEN RECEIVED BY THE ASSESSING OFFICER FROM THE RETURN OF INCOME FILED BY THE ASSESS EE ITSELF , IN THE ORIGINAL ASSESSMENT ORDER PASSED UNDER SECTION 143(3), THE SAID AMOUNT WAS ADDED AS INCOME OF THE ASSESSEE WHERE THE SAID ASSESSMENT ORDER IS STILL IN FORCE AS THE SAID ASSESSMENT HAS NOT BEEN ABATED , NO FURTHER ADDITION IS WARRANTED . SI NCE THE ADDITION HAS ALREADY BEEN MADE IN THE HANDS OF ASSESSEE, THERE IS NO MERIT IN MAKING THIS ADDITION ONCE AGAIN WHILE PASSING THE ORDER UNDER SECTION 153C R.W.S. 143(3) OF THE ACT. ACCORDINGLY, WE DELETE THE SAID ADDITION AND ALLOW THE GROUNDS O F AP PEAL RAISED BY THE ASSESSEE ON MERIT. THE ADDITIONAL GROUNDS OF APPEAL RAISED BY THE ASSESSEE ARE DISMISSED. ITA NO.2022/PN/2013 16. IN ITA NO.2022/PN/ 2013 , THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE HAS RAISED THE INITIAL GROUNDS OF APPEAL AGAINST DISALLOWANCE OF EXPENSES FOR BUSINESS ACTIVITIES AT RS. 6,48,397/ - . THE ASSESSEE HAS ALSO RAISED THE ADDITIONAL GROUNDS OF APPEAL AS IN THE EARLIER YEAR I.E. WHERE THE ASSESSMENT HAS NOT ABATED, THEN THE ADDITION, IF ANY, TO BE MADE UNDER SECTION 153C R.W.S. 143(3) OF THE ACT IS TO BE LIMITED TO THE INCRIMINATING DOCUMENTS FOUND DURING THE COURSE OF SEARCH. 17. BRIEFLY, IN THE FACTS OF THE CASE THE ORIGINAL RETURN OF INCOME WAS FURNISHED BY THE ASSESSEE, WHICH WAS PROCESSED UNDER SECTION 143(1) OF THE ACT. THEREAFTER, PURSUANT TO SEARCH ACTION UNDER SECTION 132 OF THE ACT AT THE RESIDENTIAL AND OFFICE PREMISES OF SHRI AJAY BAFNA ON 16.02.2010 , CERTAIN INCRIMINATING PAPERS BELONGING TO THE ASSESSEE WERE FOUND AND CONSEQUENTLY, SATISFACTION WAS RE CORDED UNDER SECTION 153C OF THE ACT. THEREAFTER, NOTICE UNDER SECTION 153C OF THE ACT WAS ISSUED. IN RESPONSE TO THE SAID NOTICE, THE ASSESSEE FILED RETURN OF INCOME DECLARING LOSS OF RS.87,85,821/ - . DURING THE SCRUTINY ASSESSMENT, THE FIRST ADDITION 11 ITA NO S . 2021 TO 2023 /PN/201 3 M ADE IN THE HANDS OF ASSESSEE WAS ON ACCOUNT OF INTEREST EXPENDITURE OF RS.87,84,868/ - SINCE THE ASSESSEE FOR THE YEAR UNDER CONSIDERATION WAS NOT CARRYING ON ANY ACTIVITY OF PURCHASE OR SALE, THE AMOUNT OF INTEREST WAS DISALLOWED IN THE HANDS OF THE ASSESS EE. FURTHER, DISALLOWANCE OF RS. 8,43,798/ - WAS MADE ON ACCOUNT OF VARIOUS ADMINISTRATIVE EXPENSES SINCE THE ASSESSEE HAD NOT CARRIED OUT ANY BUSINESS ACTIVITY. ANOTHER DISALLOWANCE MADE IN THE HANDS OF ASSESSEE WAS ON ACCOUNT OF SELLING AND DISTRIBUTION EXPENSES OF RS.6,48,397/ - . 18. IN APPEAL, THE CIT(A) VIDE CONSOLIDATED ORDER FOR ASSESSMENT YEARS 2007 - 08 TO 2010 - 11 DECIDED THE ISSUES RAISED. THE PRELIMINARY ISSUE RAISED IN ALL THE APPEALS RE LATING TO RECORDING OF SATISFACTION AND THEREAFTER, INVOKING OF JURISDICTION UNDER SECTION 153C OF THE ACT AND INITIATION OF ASSESSMENT PROCEEDINGS AFTER SEARCH ACTION, WERE DECIDED AGAINST THE ASSESSEE. THE NEXT ISSUE CONSIDERED BY THE CIT(A) WAS WHETHER THE ASSESSEE WAS CARRYING ON ANY BUSINESS ACTIVITY. AFTER CONSIDERING ELABORATE SUBMISSIONS OF THE ASSESSEE ON THIS ACCOUNT , THE CIT(A) VIDE PARA 10 HELD THAT THE ASSESSEE WAS ENGAGED IN BUSINESS ACTIVITY DURING THE ASSESSMENT YEAR 2007 - 08 , IN VIEW OF INCOME FROM SERVICE CHARGES DECLARED BY THE ASSESSEE. THEREAF TER, THE ADDITION MADE ON ACCOUNT OF INTEREST EXPENSES WAS DELETED VIDE PARA 11 IN ASSESSMENT YEAR 2007 - 08. WHILE CONSIDERING THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE IN ASSESSMENT YEAR 2008 - 09 , THE CIT(A) IN VIEW OF HOLDING THAT THE ASSESSEE WAS CARR YING ON THE BUSINESS ACTIVITY, IN ASSESSMENT YEAR 2007 - 08, THE GROUNDS OF APPEAL IN RESPECT OF DISALLOWANCE OF ADMINISTRATIVE EXPENSES WAS ALLOWED. COMING TO THE ISSUE RAISED ON ACCOUNT OF DISALLOWANCE OF SELLING AND DISTRIBUTION EXPENSES OF RS.6,48,397/ - , THE CIT(A) HELD THAT DISALLOWANCE WAS MADE AS THE BUSINESS EXIGENCY FOR THE EXPENSES WAS NOT BEFORE THE ASSESSING OFFICER . S INCE THERE WAS NO CHANGE IN THE SITUATION AND NO FACTS WERE BROUGHT BEFORE HIM, THE ADDITION WAS CONFIRMED. THE CIT(A) UPHELD TH E ORDER 12 ITA NO S . 2021 TO 2023 /PN/201 3 OF ASSESSING OFFICER VIS - - VIS RECORDING OF SATISFACTION UNDER SECTION 153C OF THE ACT. 19. THE ASSESSEE BEFORE US HAS CHALLENGED THE INITIAL JURISDICTION OF THE ASSESSING OFFICER ON THE PREMISES THAT SINCE THE ASSESSMENT FOR THE YEAR HAD NOT ABAT ED THEN , NO ADDITION COULD BE MADE IN ITS HANDS, IN THE ABSENCE OF ANY INCRIMINATING DOCUMENTS FOUND DURING THE COURSE OF SEARCH. 20. THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE ON THE OTHER HAND, POINTED OUT THAT THERE WAS NO ASSESSMENT ORDER PASSED UNDER SECTION 143(3) OF THE ACT AND THE PROCESSING OF RETURN OF INCOME UNDER SECTION 143(1) OF THE ACT COULD NOT BE TREATED AS AN ORDER OF ASSESSMENT IN VIEW OF THE RATIO LAID DOWN BY THE HONBLE SUPREME COURT IN ACIT VS. RAJESH JHAVERI STOCK BROKE RS PVT. LTD. (2007) 161 TAXMAN 316 ( SC ) . 21. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. AFTER THE FILING OF RETURN OF INCOME BY THE ASSESSEE, THE RETURN WAS PROCESSED UNDER SECTION 143(1) OF THE ACT. THEREAFTER, THE CASE OF THE ASSESSEE WAS NOT PICKED UP FOR SCRUTINY AND NO ASSESSMENT ORDER WAS PASSED UNDER SECTION 143(3) OF THE ACT. PURSUANT TO SEARCH ACTION ON THE PREMISES OF SHRI AJAY BAFNA ON 16.02.2010 SINCE CERTAIN INCRIMINATING DOCUMENTS WERE FOUND FROM HIS POSSESSION, WHICH IN T URN BELONG ED TO THE ASSESSEE, SATISFACTION WAS RECORDED UNDER SECTION 153C OF THE ACT AND THEREAFTER, NOTICE UNDER SECTION 153C OF THE ACT WAS ISSUED AND THE ASSESSMENT WAS COMPLETED IN THE HANDS OF ASSESSEE. THE ASSESSEE IS AGGRIEVED BY THE AFORESAID ASS ESSMENT MADE IN ITS HANDS ON THE PREMISE THAT SINCE NO INCRIMINATING DOCUMENTS WERE FOUND, ON THE BASIS OF WHICH ANY ADDITION WAS MADE FOR THE CAPTIONED ASSESSMENT YEAR, THERE WAS NO MERIT IN INVOKING JURISDICTION UNDER SECTION 153C OF THE ACT , AS THE ASSE SSMENT HAD NOT ABATED . THE ISSUE ARISING BEFORE US IS WHETHER PROCESSING UNDER SECTION 143(1) OF THE ACT IS TO BE HELD AS AN 13 ITA NO S . 2021 TO 2023 /PN/201 3 ORDER OF ASSESSMENT IN THE CASE OF ASSESSEE. WE FIND NO MERIT IN THE SAID STAND OF THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE, IN VIEW OF THE RATIO LAID DOWN BY THE HONBLE SUPREME COURT IN ACIT VS. RAJESH JHAVERI STOCK BROKERS PVT. LTD . (SUPRA) . THE HONBLE SUPREME COURT CONSIDERED THE PROVISIONS OF SECTION 143(1)(A) OF THE ACT AND HELD THAT BY THE USE OF WORD INTIMAT ION SUBSTITUTED FOR ASSESSMENT , T HE LEGISLATIVE INTENT WAS CLEAR THAT THERE WERE TWO DIFFERENT CONCEPTS. WHILE MAKING AN ASSESSMENT, THE ASSESSING OFFICER WAS FREE TO MAKE ANY ADDITION AFTER GRANT OF AN OPPORTUNITY TO THE ASSESSEE. HOWEVER, BY MAKING AN ADJUSTMENT UNDER FIRST PROVISO TO SECTION 143(1)(A) OF THE ACT, NO ADDITION WAS POSSIBLE SINCE NO OPPORTUNITY WAS GRANTED TO THE ASSESSEE. THE SAID PROVISIONS OF SECTION 143(1)(A) OF THE ACT HAVE BEEN SUBSTITUTED BY THE FINANCE ACT, 2008 W.E.F. 01.04.200 8. UNDER THE SAID SUBSTITUTED SECTION 143 (1) OF THE ACT, IT IS PROVIDED THAT WHERE THE RETURN OF INCOME HAS BEEN FILED BY THE ASSESSEE UNDER SECTION 139 OF THE ACT OR IN RESPONSE TO NOTICE UNDER SECTION 142(1) OF THE ACT, SUCH RETURN SHALL BE PROCESSED IN THE FOLLOWING MA NN ER PROVIDED IN THE SUB - SECTION ITSELF . IT IS FURTHER PROVIDED THAT IN THE FOLLOWING MA NN ER PROVIDED IN THE SUB - SECTION ITSELF . IT IS FURTHER PROVIDED THAT THE INTIMATION SHALL BE SENT TO THE ASSESSEE IN CASE WHERE THE LOSS DECLARED IN THE SAID RETURN IS ADJUS TED, BUT NO TAX OR INTEREST IS PAYABLE OR NO REFUND IS DUE TO HIM . THE INTENTION OF THE SUBSTITUTED SECTION 143(1) OF THE ACT IS TO PROCESS THE RETURN OF INCOME FILED BY ANY ASSESSEE AND THIS IN NO MANNER LEADS TO A CONCEPT OF ASSESSMENT HAVING BEEN COMPLETED IN THE HANDS OF ASSESSEE. WHERE NO ASSESSMENT HAS BEEN COMP LETED, THEN THERE IS NO QUESTION OF ABATEMENT OR NO N - ABATEMENT OF THE ASSESSMENT. 22. THE HONBLE BOMBAY HIGH COURT IN CIT VS. CONTINENTAL WAREHOUSING CORPORATION (SUPRA) HAS ALSO USED THE TERM FINALIZED ASSESSMENT AND WHERE NO ASSESSMENT HAS BEEN FINAL IZED IN THE HANDS OF ASSESSEE AND WH ERE ONLY PROCESSING OF RETURN HAD TAKEN PLACE UNDER SECTION 143(1)(A) OF THE ACT , THERE IS NO MERIT IN THE PLEA OF THE ASSESSEE IN THIS REGARD . EVEN IN THE ABSENCE OF ANY INCRIMINATING DOCUMENTS FOUND IN THE HANDS OF A SSESSEE, WHERE NO ASSESSMENT 14 ITA NO S . 2021 TO 2023 /PN/201 3 HAS BEEN COMPLETED UNDER SECTION 143(3) OF THE ACT, IT CANNOT BE SAID THAT IT HAD NON - ABATED . IN V IEW THEREOF, EVEN IN THE ABSENCE OF INCRIMINATING DOCUMENTS FOUND, WHERE NO ASSESSMENT HAD BEEN COMPLETED UNDER SECTION 143(3) O F THE ACT, THE ASSESSING OFFICER IS COMPETENT TO INVOKE THE JURISDICTION UNDER SECTION 153A / 153C OF THE ACT AND COMPLETE THE ASSESSMENT FOLLOWING THE PROCEDURE LAID DOWN UNDER SECTION 143(3) OF THE ACT. HENCE, THE ADDITIONAL GROUND OF APPEAL RAISED IN T HIS REGARD IS DISMISSED . 23. NOW, COMING TO THE MERITS OF ADDITION MADE IN THE CASE OF ASSESSEE. THE EXPLANATION OF THE ASSESSEE BEFORE THE CIT(A) WAS THAT THE EXPENSES WERE INCURRED IN CONNECTION WITH BUSINESS ACTIVITY CARRIED ON BY THE ASSESSEE. HOWEV ER, THE ASSESSEE HAD FAILED TO ESTABLISH THE BUSINESS EXIGENCY FOR INCURRING THE SAID EXPENSES. IN THE ABSENCE OF THE EVIDENCE HAVING BEEN FILED BEFORE THE AUTHORITIES BELOW, THE ADDITION WAS MADE IN THE HANDS OF ASSESSEE. HOWEVER, NOW BEFORE US, THE ASS ESSEE HAD MADE A REQUEST FOR SUBMISSIONS OF ADDITIONAL EVIDENCE IN ORDER TO THE ASS ESSEE HAD MADE A REQUEST FOR SUBMISSIONS OF ADDITIONAL EVIDENCE IN ORDER TO PROVE THE BUSINESS EXIGENCY OF THE EXPENDITURE INCURRED BY IT ALONG WITH COPIES OF BILLS AND VOUCHERS MAINTAINED IN THE REGULAR COURSE OF CARRYING ON THE BUSINESS. IN VIEW OF THE PROVISIONS OF RULE 29 OF ITAT RULES, WE ARE OF THE VIEW THAT THE ADDITIONAL EVIDENCE FILED BY THE ASSESSEE MAY BE ADMITTED AND SENT BACK TO THE FILE OF ASSESSING OFFICER TO ADJUDICATE THE ISSUE AFTER CONSIDERING THE NATURE OF ADDITIONAL EVIDENCE FILED BY T HE ASSESSEE AND TO DECIDE THE ISSUE IN ACCORDANCE WITH LAW. RE ASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE SHALL BE PROVIDED BEFORE ADJUDICATING THE ISSUE. CONSEQUENTLY, THE ISSUE ON MERITS IS SET - ASIDE TO THE FILE OF ASSESSING OFFICER. THE GROUN DS OF APPEAL ON MERITS ARE THUS, ALLOWED FOR STATISTICAL PURPOSES. 15 ITA NO S . 2021 TO 2023 /PN/201 3 ITA NO.2023/PN/2013 24. DURING THE COURSE OF HEARING, THE ASSESSEE FURNISHED AN APPLICATION FOR ADMISSION OF ADDITIONAL EVIDENCE AS IN ASSESSMENT YEAR 2008 - 09 AND FOLLOWING THE SAME PARIT Y OF REASONING, WE REMIT THIS ISSUE ALSO BACK TO THE FILE OF ASSESSING OFFICER TO DECIDE THE SAME IN LINE WITH OUR DIRECTIONS. 25. THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE POINTED OUT THAT THOUGH NO ADDITIONAL GROUNDS OF APPEAL IN RESPECT OF NON - ABATEMENT OF THE ASSESSMENT PROCEEDINGS , HAS BEEN FILED, BUT THE GROUND OF APPEAL NO.1 RAISED BY THE ASSESSEE MAY BE TREATED FOR THE SAID PURPOSE. WE FIND NO MERIT IN THE STAND OF ASSESSEE IN THIS REGARD, WHERE THE RETURN OF INCOME FOR THE YEAR UND ER APPEAL WAS E - FILED ON 15.06.2009 AND THE SEARCH PROCEEDINGS TOOK PLACE ON 06.02.2010 . THUS, THE GROUND OF APPEAL NO.1 RAISED BY THE ASSESSEE IS DISMISSED. 26 . IN THE RESULT, ALL THE APPEAL S OF THE ASSESSEE ARE PARTLY ALLOWED . TH ORDER PRONO UNCED ON THIS 10 TH DAY OF NOVEMBER , 2015. SD/ - SD/ - ( PRADIP KUMAR KEDIA ) ( SUSHMA CHOWLA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER PUNE ; DATED : 10 TH NOVEMBER , 2015. / GCVSR / COPY OF THE O RDER IS FORWARDED TO : 1 ) THE ASSESSEE; 2 ) THE DEPARTMENT; 3 ) THE CIT(A) - CENTRAL , PUNE; 4 ) THE CIT - CENTRAL , PUNE; 5 ) THE DR B BENCH, I.T.A.T., PU NE; 6 ) GUARD FILE. / BY ORDER , //TRUE COPY// / SR. PRIVATE SECRETARY , / ITAT, PUNE