DCIT, CENTRAL CIRCLE-1, GURGAON vs. BSL CASTING P.LTD, NEW DELHI

ORDER

PER MS. SUCHITRA KAMBLE, JM:

DCIT vs. BSL Casting P, Ltd 2010-11 2 (ii) Whether on the facts and in the circumstances of the case, the Ld. CIT(A) was justified in deleting the addition relying upon the judgment of Hon’ble Supreme Court in the case CIT v. Singhad Technical Education Society despite the fact that the present assessment was framed u/s 153A of the Act in pursuance of search u/s 132 conducted in the case of the assessee. (iii) Whether on the facts and in the circumstances of the case, the Ld. CIT(A) was justified in deleting the addition whereas the document was found and seized during course of search viz. page no. 118-119, AnnexureA-38, party no. 7, from the premises pertaining to Urbtech Group and the documents is relating to the assessee company containing information of the land procurement in the case of the assessee company. (iv) Whether on the facts and in the circumstances of the case the Ld. CIT (A] was right in concluding that there was a difference in scope of proceeding under section 153C of the Income Tax Act, 1961 for an abated assessment and for a completed assessment. (v) Whether on the facts and in the circumstances of the case the Ld. CIT (A) was right in holding that no addition can be made u/s 153A in respect of completed assessment if no incriminating material is found during search. (vi) Whether there is any restriction on the powers of the Assessing officer under section 153C of the Income Tax Act, 1961 to confine only to the "incriminating material found during the search", even though such words or conditions are not mentioned in the section per se. (vii) Whether on the facts and in the circumstances of the case the Ld. CIT (A) was correct in interpreting section 153C which starts with a non-obstinate clause stating therein that the operation of section 139,147,148,149,151&153 was deposed meaning thereby that in such cases the Assessing officer in duty bound to take up the assessment u/s 153C and that the above mentioned sections cannot be invoked. Therefore, even if incriminating material is not found during search, but if any escaped income or under-assessed income undisclosed income has to be assessed for such completed assessment, then it has to be done in the proceedings u/s 153C in such case as during the pendency of the proceedings u/s 153C, the proceedings u/s 147of the Income Tax Act, 1961 cannot be initiated. (viii) Whether on the facts and in the circumstances of the case the Ld. C1T (A) has erred in ignoring the principles of strict interpretation

DCIT vs. BSL Casting P, Ltd 2010-11 3 of statue when the words used in the statute i.e. sec 153A(1)(b) of the IT Act, 1961 are assess or reassess the "Total Income”. (ix) Whether on the facts and in the circumstances of the case, the CIT (A) was justified in not deciding the addition on merits overlooking the fact that the assessment was completed in one of the group cases, in the case of M/S Nelson projects Pvt. Ltd. for A.Y 2011-12 on the same ground by ITO ward 13(2), New Delhi vide order dated 30.01.20rl4 and the same was not challenged before any appellate authority. (x) The appellant craves to add, amend, alter or modify any grounds of appeal at the time of hearing.”