Case Law Details
Dy.C.I.T Vs Ashok Developers & Builders Ltd (ITAT Hyderabad)
It is an admitted fact that a search & seizure operation took place in the premises of the assessee on 18.02.2016 and certain incriminating documents were found and seized. We find the AO in the order passed u/s 143(3) r.w.s. 153A of the Act determined the total income at Rs.20,78,40,695/- as against the returned income of Rs.13,58,60,960/-. We find the learned CIT (A) on the basis of the arguments advanced by the assessee held that the initiation of proceedings u/s 153A is not valid, the reasons of which have already been reproduced in the preceding paragraph. It is the submission of the learned DR that the learned CIT (A) without considering the incriminating material found during the course of search has held that 153A proceedings are not valid and he has not decided the issue on merit. A perusal of the order of the learned CIT (A) shows that neither he has decided the appeal on merit, nor has he passed any comments regarding the various incriminating material found during the course of search and he has simply accepted the contention of the assessee that no incriminating material was found during the course of search. Considering the totality of the facts of the case and in the interest of justice, we deem it fit and proper to restore the issue to the file of the learned CIT (A) with a direction to give his finding regarding the nature of incriminating material found during the course of search and decide the issue keeping in mind the decision of the Hon’ble Andhra Pradesh High Court in the case of Gopal Lal Badruka Vs. DCIT, 346 ITR 106 (AP).
FULL TEXT OF THE ORDER OF ITAT DELHI
This appeal filed by the Revenue is directed against the order dated 30.09.2018 of the learned CIT (A)-11, Hyderabad relating to A.Y.2014-15.
2. Facts of the case, in brief, are that the assessee is a limited company and engaged in the business of constructions. It filed its return of income on 30.09.2015 declaring total income of Rs.6,61,44,100/-. A search & seizure operation u/s 132 of the Act was carried out in the assessees’ group of cases on 18.02.2016. In response to the notice u/s 153A, the assessee filed revised return of income on 7.9.2016 declaring income of Rs.13,58,60,960/-.
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