ACIT, New Delhi V. Smt. Vinita Chaurasia, New Delhi

ITA 5957/DEL/2015

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 0793 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 02-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Reopening of assessment; Unexplained investment; Search and seizure; Document seized; Tangible material; Difference of opinion; Assessment record; Documents seized; Change of opinion; Reassessment proceedings
• Section: 153A; 133(6); 147; 148; 132

Judgement Text

1 ITA NO. 5957/DEL/2015& C.O NO. 38/DEL/2016 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SHRI N. K. SAINI, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDI CIAL MEMBER ITA NO. 5957/DEL/201 5 ( A.Y 2007-08) ACIT CENTRAL CIRCLE-16, ROOM NO. 344, E-2, ARA CENTRE, JHANDEWALAN EXTN. NEW DELHI (APPELLANT) VS VINITA CHAURASIA 575, DOUBLE STOREY FLATS, NEW RAJENDRA NAGAR NEW DELHI AAFPC4589D (RESPONDENT) C.O NO. 38/DEL/2016 ( A .Y 2007-08) VINITA CHAURASIA 575, DOUBLE STOREY FLATS, NEW RAJENDRA NAGAR NEW DELHI AAFPC4589D (APPELLANT) VS ACIT CENTRAL CIRCLE-16, ROOM NO. 344, E-2, ARA CENTRE, JHANDEWALAN EXTN. NEW DELHI (RESPONDENT) APPELLANT BY MS. RACHNA SINGH, CIT DR RESPONDENT BY SH. R. S. SINGHVI, SATYAJEET GOEL, CAS ORDER PER SUCHITRA KAMBLE, JM THIS APPEAL IS FILED BY THE REVENUE AND THE CROSS O BJECTION IS FILED BY THE ASSESSEE AGAINST THE ORDER DATED 21/8/2015 PASSED B Y CIT(A)-XXVI, NEW DELHI FOR ASSESSMENT YEAR 2007-08. 2. THE GROUNDS FOR APPEAL ARE AS UNDER:- DATE OF HEARING 28.08.2018 DATE OF PRONOUNCEMENT 05.10.2018 2 ITA NO. 5957/DEL/2015& C.O NO. 38/DEL/2016 ITA NO. 5957/DEL/2015 1. THAT THE CIT (A) HAS ERRED ON FACTS AND IN LAW IN D ELETING THE ADDITION OF RS. 34,06,11,102/- WITHOUT APPRECIATING THAT ANY DOCUMENT HAS TO BE RELIED UPON IN ENTIRELY AND THE PART OF IT CA NNOT BE DEEMED AS TRUE AND PART AS UNTRUE. 2. THAT THE CIT (A) HAS ERRED ON FACTS AND IN LAW IN DELETING THE ADDITION OF RS. 34,06,11,102/- WITHOUT PROPERLY ANALYZING AND C ONSIDERING THE CONTENTS AND WORDS OF SEIZED DOCUMENT VIZ PAID, RECEIVED, RE FUND. TO PAY, CALCULATION OF COMMISSION ETC. 3. THAT THE CIT (A) HAS ERRED ON FACTS AND IN LAW IN DELETING THE ADDITION OF RS.1,20,00,000/- ON ACCOUNT OF ALLEGED RECEIPT OF R ENT. 4. (A) THE ORDER OF THE CIT(APPEALS) IS ERRONEOUS AND NOT TENABLE IN LAW AND ON FACT. (B) THE APPELLANT CRAVES LEAVE TO ADD, ALTER OR AME ND ANY/ALL OF THE GROUNDS OF APPEAL BEFORE OR DURING THE COURSE OF THE HEARIN G OF THE APPEAL. C.O NO. 38/DEL/2016 1. THAT ON FACTS AND CIRCUMSTANCES OF THE CASE , LD CIT(A) WAS NOT JUSTIFIED IN CONFIRMING THE REOPENING OF ASSESSMENT U/S 147 O F THE I T ACT, 1961. 2. THAT ON FACTS AND CIRCUMSTANCES OF THE CASE, THE REASONS RECORDED ARE MECHANICAL AND WITHOUT INDEPENDENT APPLICATION OF M IND AND SOLELY ON THE BASIS OF LETTER FROM HIGHER AUTHORITY. 3. THAT ON FACTS AND CIRCUMSTANCES OF THE CASE, THE REOPENING IS ONLY ON THE BASIS OF CHANGE OF OPINION AS THE ORIGINAL ASSE SSMENT WAS COMPLETED U/S 153C/143(3) AND REOPENING IS MERELY ON ACCOUNT OF R E-APPRECIATION OF ASSESSMENT RECORD. 4. THAT ON FACTS AND CIRCUMSTANCE OF THE CASE, THER E IS NO TANGIBLE MATERIAL SO AS TO JUSTIFY THE REOPENING OF ASSESSMENT U/S 14 7 AND AS SUCH THE REOPENING IS ILLEGAL AND WITHOUT JURISDICTION. 3 ITA NO. 5957/DEL/2015& C.O NO. 38/DEL/2016 3. THE ORIGINAL RETURN WAS FILED ON 31/7/2007 U/S 1 39(1) OF THE INCOME TAX ACT, 1961 DECLARING TOTAL INCOME OF RS.4,70,97,930 /- BY THE ASSESSEE. THERE WAS SEARCH AND SEIZURE OPERATION WITHIN THE MEANING OF SECTION 132 ON 29/4/2008 IN CONSONANCE OF WHICH REASSESSMENT HAD B EEN COMPLETED U/S 153A/143(3) AT TOTAL INCOME OF RS.4,70,97,930/- VID E ORDER DATED 29/12/2010. THE CASE OF THE ASSESSEE WAS FURTHER SUBJECTED TO SCRUTINY IN VIEW OF THE SEARCH IN CASE OF LALIT MODI ON 19/6/2009 BECAUSE O F WHICH SECTION 153C PROCEEDINGS WERE INITIATED AND ASSESSMENT WAS FRAME D VIDE ORDER DATED 29/12/2011 AT TOTAL INCOME OF RS. 4,70,97,930/-. T HE ASSESSING OFFICER ISSUED NOTICE U/S 148 DATED 28/3/2014 ON THE BASIS OF SATISFACTION RECORDED. THE ASSESSEE ON RECEIPT OF REASONS FOR REOPENING TH E ASSESSMENT FILED HIS OBJECTIONS BEFORE THE ASSESSING OFFICER. THE ASSES SING OFFICER AFTER CONSIDERING THE ASSESSEES OBJECTION AGAINST THE REOPENING, DID NOT FIND ANY MERIT IN THEM AND PRECEDED WITH THE REASSESSMENT PROCEEDINGS. DU RING THE COURSE OF REASSESSMENT PROCEEDINGS, THE ASSESSEE WAS CONFRONT ED WITH THE WORKINGS AS RECORDED ON THE SEIZED DOCUMENTS FOUND FROM THE PRE MISES OF SHRI LALIT MODI. THE ASSESSEE WAS ASKED TO EXPLAIN AS TO WHY AN ADDI TION OF RS. 34,06,11,102/- SHOULD NOT BE MADE AS IT REPRESENTED AN UNACCOUNTED INVESTMENT IN THE PURCHASE OF COMMERCIAL SPACE IN VASANT SQUARE MALL AS ON 1/10/2006 IN PARA 7 OF THE ASSESSMENT ORDER, THE AO HELD AS UNDER:- 7. THE ASSESSEE ON BEING SERVED WITH T HE SAID SHOW CAUSE NOTICE REQUESTED FOR SUPPLY OF COPIES OF SEIZED DOCUMENTS RELIED UPO N BY THE DEPARTMENT AND ALSO THE BASIS OF ALLEGED UNDISCLOSED INVESTMEN T OF RS 34,06,11,102. IT WAS SUBMITTED BEFORE THE AO THAT NO RENT HAD BEE N RECEIVED FROM M/S SUNCITY PROJECT (P) LTD FOR THE YEAR UNDER CONSIDER ATION AND THE RENT HAD ACTUALLY BEEN RECEIVED FROM 01.05.2009. IT WAS ALSO REQUESTED BY THE ASSESSEE TO CAUSE NECESSARY VERIFICATION U/S 133(6) FROM M/S SUNCITY PROJECT (P) LTD AND M/S PANTALOON RETAILS INDIA LTD TO CONFIRM NON-RECEIPT OF RENT DURING THE YEAR UNDER CONSIDERATION. IT WAS ALSO CONTENDED BEFORE THE AO THAT SIMILAR PROCEEDINGS INITIATED IN THE CA SE OF M/S SUNCITY PROJECT 4 ITA NO. 5957/DEL/2015& C.O NO. 38/DEL/2016 (P) LTD HAD BEEN DROPPED BY ASSESSING OFFICER ON C ENTRAL CIRCLE-1. THE A.O AFTER CONSIDERING THE ASSESSEES SUBMISSIONS DI D NOT AGREE WITH THE SAME. THE ASSESSING OFFICER PROCEEDED TO MAKE AN ADDITION ON SUBSTANTIVE BASIS TO THE TUNE OF RS.16,42,68,528/- AND RS.16,42,68,83 2/- ON PROTECTIVE BASIS AS THE SAID INCOME HAD ALREADY BEEN ASSESSED IN THE AS SESSMENT YEAR 2010-11. 4. BEING AGGRIEVED BY THE SAID ASSESSMENT O RDER, THE ASSESSEE FILED APPEAL BEFORE THE CIT(A). THE CIT (A) PARTLY ALLOWED THE APPEAL OF THE ASSESSEE. 5. THE LD. AR SUBMITTED THAT THERE WAS SEARCH IN CA SE OF ASSESSEE ON 29/04/2008 PURSUANT TO WHICH ASSESSING OFFICER INIT IATED ACTION U/S. 153 A. HOWEVER, IN THE ABSENCE OF ANY INCRIMINATING MATERI AL HAVING BEING FOUND AS A RESULT OF SEARCH, RETURNED INCOME WAS ACCEPTED VIDE ASSESSMENT ORDER U/S. 153A DTD. 29/12/2010. SUBSEQUENTLY, THERE WAS ANOTH ER SEARCH IN THE CASE OF LALIT MODI (PROPERTY DEALER) ON 19/06/2009 AND BASE D ON ANNEXURE A-L PAGE 5 PLACED IN THE PB AT PAGE 120, AO INITIATED ACTION U /S. 153C IN THE CASE OF ASSESSEE. HOWEVER, IN THE ABSENCE OF ANY INCRIMINAT ING MATERIAL OR EVIDENCE OF ANY DOCUMENT BELONGING TO ASSESSEE WHICH INDICATED ANY UNDISCLOSED INCOME, PROCEEDINGS U/S. 153C WERE COMPLETED AT RETURNED IN COME VIDE ASSESSMENT ORDER DTD. 29/12/2011. THE ASSESSEE PURCHASED A PRO PERTY FROM M/S. SUNCITY PROJECTS PVT. LTD. VIDE REGISTERED SALE DEED DTD. 1 3/05/2009. HOWEVER, BASED ON SEIZED ANNEXURE A-L PAGE 5, THE AO MADE FOLLOWIN G ADDITIONS IN ASSESSMENT YEAR 2010-11. (I) UNEXPLAINED INVESTMENT 16,42,68,522/- (II) SINKING FUND 39,65,106/- (III) MAINTENANCE SECURITY 29,73,830/- (IV) FEEEHOLD CHARGES 1,24,90,084/- (V) COMMISSION 65,70,747/- THE CIT(A) DELETED ADDITION IN RESPECT OF SINKING F UND, MAINTENANCE SECURITY, FREEHOLD CHARGES AND COMMISSION AND CONFIRMED THE A DDITION OF 5 ITA NO. 5957/DEL/2015& C.O NO. 38/DEL/2016 RS.16,42,68,522/- AND ALSO MADE ENHANCEMENT OF RS.5 ,50,72,700/-. BOTH ASSESSEE AND REVENUE FILED APPEAL BEFORE TRIBUNAL A GAINST ORDER OF CIT(A) WHICH WAS DISPOSED OFF BY THE TRIBUNAL VIDE ORDER D ATED 29/5/2015 (ITA NO. 3551 & 3343/DEL/2013 DCIT VS. VINITA CHAURASIA). TH E TRIBUNAL DISMISSED THE APPEAL OF REVENUE AND ALLOWED APPEAL OF THE ASS ESSEE. THE REVENUE FILED APPEAL BEFORE HONBLE DELHI HIGH COURT AGAINST ORDE R OF TRIBUNAL IN RESPECT OF RELIEF ALLOWED TO ASSESSEE AND DISMISSAL OF APPEAL OF THE REVENUE. THE HONBLE DELHI HIGH COURT VIDE CONSOLIDATED ORDER DTD. 18/05 /2017 IN ITA 1004 & 1005/2015 DISMISSED BOTH THE APPEALS OF REVENUE AS PER DETAILED FINDING ON MERITS. AS THE ORDER OF CIT(A) IS BASED ON ORDER OF TRIBUNAL CONFIRMED BY HONBLE DELHI HIGH COURT, THERE IS NO MERIT IN APPE AL OF THE REVENUE. FURTHER, ASSESSMENT ORDER MADE BY THE ASSESSING OFFICER IS F ACTUALLY INCORRECT AND ADDITIONS WERE MADE ON ILLEGAL AND ARBITRARY BASIS. THE ASSESSING OFFICER HAS NOT BROUGHT ON RECORD ANY DETAILS OR EVIDENCES WHIC H COULD CORROBORATE INVESTMENT OF A SUM OF RS. 32,85,37,354/- BEFORE 01 -10-2006 WITH M/S. SUNCITY PROJECT PVT. LTD. THE ENTIRE DISPUTE IS WIT H REFERENCE TO ANNEXURE- A-L WHICH IS IN THE CONTEXT OF PURCHASE OF PROPERTY VID E SALE DEED DTD. 13/05/2009 AND AO HIMSELF HAS CONSIDERED THIS ANNEXURE IN A.Y. 2010-11 AND MADE ADDITION TO THE EXTENT OF RS. 19,02,68,289/-.THIS D OCUMENT HAS NO RELEVANCE TO ANY UNDISCLOSED INCOME RELATING TO YEAR UNDER RE FERENCE. THERE IS THUS NO CASE OF ANY INCOME ESCAPING ASSESSMENT OR ANY TANGI BLE MATERIAL WHICH HAS RELEVANCE TO A.Y. 2007-08. SUBMISSION OF REVENUE BE FORE THE TRIBUNAL IS MERELY GENERAL OBSERVATION ON ISSUE OF REOPENING U/S. 147 AND DOES NOT MAKE REFERENCE TO ANY DETAILS OR EVIDENCE OF ANY UNDISCL OSED INCOME RELATING TO A.Y. 2007-08. ONCE THE VERY SAME ADDITION HAS BEEN DELET ED IN A.Y. 2010-11 BY THE ITAT & CONFIRMED BY THE HONBLE DELHI HIGH COURT, T HERE IS NO CASE FOR ANY ACTION U/S. 147 IN THE A.Y. 2007-08. 6. THE LD. DR SUBMITTED THAT THE ORDER OF THE ASSES SING OFFICER IS WELL WITHIN THE AMBIT OF LAW AND THE CIT(A) IS RIGHT IN HOLDING THAT PROCEEDINGS 6 ITA NO. 5957/DEL/2015& C.O NO. 38/DEL/2016 INITIATED U/S 148 OF THE INCOME TAX ACT ARE LEGALLY SUSTAINABLE. THE CIT(A) FINDING IN PARA 10/PAGE 25 IS VERY PERTINENT IN THI S REGARD. 7. WE HAVE HEARD BOTH THE PARTIES AND PERUSED ALL T HE RELEVANT RECORDS AVAILABLE BEFORE US. IT IS PERTINENT TO NOTE HERE T HAT THE ASSESSING OFFICER PROCEEDED TO MAKE AN ADDITION ON SUBSTANTIVE BASIS TO THE TUNE OF RS.16,42,68,528/- AND RS.16,42,68,832/- ON PROTECTI VE BASIS AS THE SAID INCOME HAD ALREADY BEEN ASSESSED IN THE ASSESSMENT YEAR 2010-11. THERE WAS SEARCH IN CASE OF ASSESSEE ON 29/04/2008 PURSUANT T O WHICH ASSESSING OFFICER INITIATED ACTION U/S. 153A, BUT IN THE ABSENCE OF A NY INCRIMINATING MATERIAL, RETURN OF INCOME WAS ACCEPTED VIDE ASSESSMENT ORDER U/S. 153A DTD. 29/12/2010. SUBSEQUENTLY, THERE WAS ANOTHER SEARCH IN THE CASE OF LALIT MODI (PROPERTY DEALER) ON 19/06/2009 AND BASED ON ANNEXU RE A-L THEREIN, THE ACTION U/S. 153C WAS INITIATED IN THE CASE OF ASSES SEE. HOWEVER, IN THE ABSENCE OF ANY INCRIMINATING MATERIAL OR EVIDENCE OF ANY DO CUMENT BELONGING TO ASSESSEE WHICH INDICATED ANY UNDISCLOSED INCOME, PR OCEEDINGS U/S. 153C WERE COMPLETED AT RETURN OF INCOME VIDE ASSESSMENT ORDER DTD. 29/12/2011. THE ASSESSEE PURCHASED A PROPERTY FROM M/S. SUNCITY PRO JECTS PVT. LTD. VIDE REGISTERED SALE DEED DTD. 13/05/2009. HOWEVER, BASE D ON SEIZED ANNEXURE A-L, THE ASSESSING OFFICER MADE ADDITIONS IN ASSESSMENT YEAR 2010-11. THE CIT(A) DELETED ADDITION IN RESPECT OF SINKING FUND, MAINTE NANCE SECURITY, FREEHOLD CHARGES AND COMMISSION AND CONFIRMED THE ADDITION O F RS.16,42,68,522/- AND ALSO MADE ENHANCEMENT OF RS.5,50,72,700/-. BOTH ASS ESSEE AND REVENUE FILED APPEAL BEFORE ITAT AGAINST ORDER OF CIT(A) WHICH WA S DISPOSED OFF BY THE TRIBUNAL VIDE ORDER DATED 29/5/2015. THE TRIBUNAL D ISMISSED THE APPEAL OF REVENUE AND ALLOWED APPEAL OF THE ASSESSEE. THE REV ENUE FILED APPEAL BEFORE HONBLE DELHI HIGH COURT AGAINST ORDER OF TRIBUNAL IN RESPECT OF RELIEF ALLOWED TO ASSESSEE AND DISMISSAL OF APPEAL OF THE REVENUE. THE HONBLE DELHI HIGH COURT VIDE CONSOLIDATED ORDER DTD. 18/05/2017 DISMI SSED BOTH THE APPEALS OF REVENUE AS PER DETAILED FINDING ON MERITS. AS THE O RDER OF CIT(A) IS BASED ON ORDER OF TRIBUNAL CONFIRMED BY HONBLE DELHI HIGH C OURT, THERE IS NO MERIT IN 7 ITA NO. 5957/DEL/2015& C.O NO. 38/DEL/2016 APPEAL OF THE REVENUE. FURTHER, ASSESSMENT ORDER MA DE BY THE ASSESSING OFFICER IS FACTUALLY INCORRECT AND ADDITIONS WERE M ADE ON ILLEGAL AND ARBITRARY BASIS. THE ASSESSING OFFICER HAS NOT BROUGHT ON REC ORD ANY DETAILS OR EVIDENCES WHICH COULD CORROBORATE INVESTMENT OF A SUM OF RS. 32,85,37,354/- BEFORE 01- 10-2006 WITH M/S. SUNCITY PROJECT PVT. LTD. THE ENT IRE DISPUTE IS WITH REFERENCE TO ANNEXURE- A-L PAGE 5 WHICH IS IN THE C ONTEXT OF PURCHASE OF PROPERTY VIDE SALE DEED DTD. 13/05/2009 AND ASSESSI NG OFFICER HIMSELF HAS CONSIDERED THIS ANNEXURE IN A.Y. 2010-11 AND MADE A DDITION TO THE EXTENT OF RS. 19,02,68,289/-.THIS DOCUMENT HAS NO RELEVANCE T O ANY UNDISCLOSED INCOME RELATING TO YEAR UNDER REFERENCE. THERE IS T HUS NO CASE OF ANY INCOME ESCAPING ASSESSMENT OR ANY TANGIBLE MATERIAL WHICH HAS RELEVANCE TO A.Y. 2007-08. SUBMISSION OF REVENUE BEFORE THE TRIBUNAL IS MERELY GENERAL OBSERVATION ON ISSUE OF REOPENING U/S. 147 AND DOES NOT MAKE REFERENCE TO ANY DETAILS OR EVIDENCE OF ANY UNDISCLOSED INCOME RELAT ING TO A.Y. 2007-08. ALL THESE SUBMISSION OF THE LD. AR COULD NOT BE CONTRAD ICTED BY THE REVENUE AT THE TIME OF THE HEARING. ONCE THE VERY SAME ADDITIO N HAS BEEN DELETED IN A.Y. 2010-11 BY THE TRIBUNAL & CONFIRMED BY THE HONBLE DELHI HIGH COURT, THERE IS NO CASE FOR ANY ACTION U/S. 147 IN THE A.Y. 2007-08 . THE HONBLE DELHI HIGH COURT HELD AS UNDER: 27. THE COURT IS UNABLE TO ACCEPT THE ABOVE SUBM ISSION OF MR. SHIVPURI. THE COURT IN THIS REGARD NOTICES THAT THE DETAILED INTERROGATION OF MR. MODI REVEALED THE SOURCE OF THE DOCUMENT AND THE FACT TH AT MR. MODI WAS NOT THE AUTHOR OF THE DOCUMENT. MR. MODI HAD SUGGESTED THA T IT WAS SOME OTHER BROKER WHO HAD GIVEN HIM THE SAID DOCUMENT AS A PR OPOSAL. THERE APPEARS TO HAVE BEEN NO ATTEMPT MADE BY THE AO TO ENQUIRE I NTO THE MATTER FURTHER TO FIND OUT IF AT ALL THERE WAS ANY SUCH OTHER BROKER WHO HAD PREPARED THE DOCUMENT. FURTHER, THERE IS NO ATTEMPT ALSO MADE T O ASCERTAIN WHETHER THE PREVALENT MARKET VALUE OF THE SPACE PURCHASED BY TH E ASSESSEE COULD AT ALL FETCH THE VALUE INDICATED IN THE DOCUMENT WHICH IS RS.32,85,37,354/-. THIS WAS TOO FUNDAMENTAL AN ISSUE TO BE LEFT UN-INVESTIG ATED. THE AO APPEARS TO 8 ITA NO. 5957/DEL/2015& C.O NO. 38/DEL/2016 HAVE PROCEEDED PURELY ON CONJECTURES AS REGARDS WHA T THE DOCUMENT HAS STATED WITHOUT NOTICING THE INTERNAL CONTRADICTIONS AND INCONSISTENCIES. FOR INSTANCE, THE DOCUMENT TALKS OF RENT PAYABLE FOR A PERIOD FROM 2006 ONWARDS WHEREIN FACT EVEN ACCORDING TO THE REVENUE THE ASSE SSEE PURCHASED THE PROPERTY ON 13 TH MAY, 2009. THE SHIFTING OF THE BURDEN ON THE ASSE SSEE WITHOUT MAKING THESE BASIC ENQUIRIES TO UNEARTH THE TRUTH OF THE DOCUMENT COULD NOT HAVE BEEN ACCEPTED AND WAS RIGHTLY COMMEN TED UPON BY THE ITAT. THE ENTIRE BASIS FOR MAKING THE ADDITIONS TO THE AS SESSABLE INCOME OF THE ASSESSEE WAS A SINGLE DOCUMENT I.E., ANNEXURE A-1. THE ATTEMPT AT MAKING ADDITIONS ON THE BASIS OF ANNEXURE A-1, WITHOUT ANY FURTHER INVESTIGATION ON THE ABOVE LINES, IS BOUND TO BE RENDERED UNSUSTAINA BLE IN LAW. 28. THEREFORE, EVEN AS REGARDS THE MERITS OF THE AD DITIONS MADE BY THE COURT FUNDS NO ERROR HAVING BEEN COMMITTED BY THE I TAT IN DELETING THEM. IN THE PRESENT CASE, THOUGH THERE WAS SEARCH IN CAS E OF ASSESSEE ON 29/04/2008 PURSUANT TO WHICH ASSESSING OFFICER INIT IATED ACTION U/S. 153A OF THE ACT, IN THE ABSENCE OF ANY INCRIMINATING MATERI AL, RETURNED INCOME WAS ACCEPTED VIDE ASSESSMENT ORDER U/S. 153A DTD. 29/12 /2010. BUT BECAUSE OF THE SEARCH IN CASE OF MR. MODI AND ANNEXURE -1 FOUN D THEREIN, THE ADDITION WAS MADE IN THE PRESENT CASE. THE ENTIRE BASIS FOR MAKING THE ADDITIONS TO THE ASSESSABLE INCOME OF THE ASSESSEE WAS A SINGLE DOCU MENT I.E., ANNEXURE A-1. THE ATTEMPT AT MAKING ADDITIONS ON THE BASIS OF ANN EXURE A-1, WITHOUT ANY FURTHER INVESTIGATION ON THE ABOVE LINES, IS BOUND TO BE RENDERED UNSUSTAINABLE IN LAW. IN THE PRESENT CASE, NO REASON WAS ASSIGNED BY THE ASSESSING OFFICER OR ANY FRESH MATERIAL WAS TAKEN INTO ACCOUNT BY THE AS SESSING OFFICER FOR RE- OPENING THE ASSESSMENT U/S 147 OF THE ACT. THE SAID ACTION OF THE REVENUE WAS CHALLENGED BEFORE THE HONBLE HIGH COURT AND TH E HONBLE HIGH COURT HAS GIVEN A FINDING OF DISMISSING THE APPEAL OF THE REV ENUE THEREIN. THE FINDING OF THE HONBLE HIGH COURT IS APPLICABLE IN THE PRESENT CASE AND THEREFORE, THE ACTION U/S 147 OF THE ACT ITSELF IS NOT MAINTAINABL E AND IS QUASHED. THUS, 9 ITA NO. 5957/DEL/2015& C.O NO. 38/DEL/2016 APPEAL OF THE REVENUE IS DISMISSED AND CROSS OBJECT ION OF THE ASSESSEE IS ALLOWED. 8. IN RESULT, APPEAL OF THE REVENUE IS DISMISSED AN D CROSS OBJECTION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH OCTOBER, 2018 . SD/- SD/- (N. K. SAINI) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEM BER DATED: 05/10/2018 R. NAHEED COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 10 ITA NO . 5957/DEL/2015& C.O NO. 38/DEL/2016 DATE OF DICTATION 28.08.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 28.08.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 05.10.2018 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 05.10.2018 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 05.1 0.2018 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER