Syed Zeeshanuddin, Hyderabad vs. ACIT, Circle-2(2), Hyderabad
In the result, the appeal filed by the assessee is allowed
ITA 355/HYD/2022[2015-16]Status: DisposedITAT Hyderabad31 Jan 2024AY 2015-16
Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarआ.अपी.सं /Ita No.355/Hyd/2022 (िनधा"रण वष"/Assessment Year: 2015-16) Shri Syed Zeeshanuddin Vs. Asstt. C. I. T. Hyderabad Central Circle 2(2) Pan:Bqgps0128A Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri K. Madhusudan, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 29/01/2024 घोषणा की तारीख/Pronouncement: 31/01/2024 Order Per R.K. Panda, Vice-This Appeal Filed By The Assessee Is Directed Against The Order Dated 14/06/2022 Of The Learned Cit (A)-12, Hyderabad, Relating To A.Y.2015-16. 2. Although A Number Of Grounds Have Been Raised By The Assessee, However, These All Relate To The Order Of The Learned Cit (A) In Confirming The Validity Of Assessment U/S 153A In Absence Of Any Incriminating Material & Thereby Confirming The Addition Of Rs.12,02,000/- Made By The Assessing Officer As Unexplained Expenditure By Applying The Provisions Of Section 115Bbe Of The I.T. Act.
For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: : Shri K. Madhusudan, CIT(DR)
Section 115BSection 132Section 143(1)Section 143(2)Section 153A
…Therefore, the provisions of section 153C could have been applied and the proceedings could have been completed u/s 153C and not u/s 153A. Referring to the decision of the Delhi Bench of the Tribunal in the case of ACIT vs. Atul Kumar Gupta reported in (2023) 152 Taxmann.com 99 (Del.Trib) order dated 17.02.2023, he submitted that the Tribunal in the said decision has held that where an addition has been made on the assessee u/s 153A assessment on the basis of documents found from a separate search from a 3rd party, assessment should have done u/s 153C and not u/s 153A. Accordingly, the addition was directed to be…
