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Income Tax Appellate Tribunal, DELHI
Before: SH. SHAMIM YAHYA & SH. ANUBHAV SHARMA
The appeal is preferred by the Assessee against the order dated 23.02.2018 of CIT(A)-2, Gurgaon (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) arising out of an appeal before it against the assessment order dated 26.02.2015 passed u/s 153A/143(3) of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) by the DCIT, CC-II, Faridabad (hereinafter referred as the Ld. AO).
In consequence to search proceedings the case of assessee was examined and Ld. AO had made an addition of Rs. 1,00,000/- on the basis of cash deposits dated 20.08.2011. Further additions were made on the basis of 3 transactions on account of cash received from sale of property. Ld. CIT(A) had sustained the additions and the assessee is in appeal raising following grounds : “
1. That having regard to the fact and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in assuming jurisdiction and issuing of notice u/s 153A of the Act and that too without giving any opportunity of hearing.
2. That in any case and in any view of the matter, the assessment framed under section 153A of the Act, is bad in law and against the facts and circumstances of the case.
3. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in upholding the action of the ld. AO in making addition of Rs. 1,00,000/- on account of cash deposited in the bank account as alleged income from undisclosed sources and that too in the proceedings u/s 153A of the Act.
4. That in any case and in any view of the matter, action of the Ld. CIT(A) in confirming the action of Ld. AO in making an addition of Rs. 1,00,000/- is bad in law and against the facts and circumstances of the case.
5. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in upholding the action of the Ld. A.O. in making addition of Rs. 16,80,000/- under section 69 of the Income Tax Act, 1961 on account of part of the amount paid for purchase of properties.
6. That in any case and in any view of the matter, action of ld. CIT(A) in confirming the action of Ld. AO in making an addition of Rs. 16,80,000/- is bad in law and against the facts and circumstances of the case.
7. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in passing the impugned order and that too without giving adequate opportunity of hearing and without observing the principle of natural justice.
8. That the appellant craves the leave to add, alter or amend the grounds of appeal at any stage and all the grounds are without prejudice to each other.”