Dy. CIT v. Yash Pal Narender Kumar

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The Tax PublishersITA Nos. 5340, 5341 & 5342/D/2012 2013 TaxPub(DT) 1169 (Del-Trib) Income Tax Act, 1961 --Protective assessment--Substantive assessment deleted by competent authority--*Held:* When substantive addition has been deleted by the competent statutory authority, then the protective addition made thereunder and related to the substantive addition cannot survive.(Para 9) Income Tax Act, 1961, Section 143(3) Income Tax Act, 1961 In The ITAT, Delhi Bench S. V. Mehrotra, A.M. & Chandra Mohan Garg, J.M. Dy. CIT v. Yash Pal Narender Kumar ITA Nos. 5340, 5341 & 5342/D/2012 A.Ys. 2004-05, 2007-08, 2008-09 7 February, 2013 Appellant by : Priya Sahu, DR Respondent by : None ORDER Chandra Mohan Garg, J.M. These appeals have been filed by the Revenue against the consolidt. order of Commissioner (Appeals)-XXXI, New Delhi for assessment years 2004-05, 2007-08 and 2008-09 dt. 20-1-2012. 2. The grounds raised in these appeals read as under : 'On the facts and in the circumstances of the case, the learned Commissioner (Appeals) has erred in deleting the addition of Rs. 24,00,000 made by the assessing officer on protective basis on account of unaccounted in case on the basis of documents and seized during the course of search and seizure operation under section 132(1) of Income Tax Act, 1961. 'On the facts and in the circumstances of the case, the learned Commissioner (Appeals) has erred in deleting the addition of Rs. 84,42,000 made by the assessing officer on protective basis on account of unaccounted in case on the basis of documents and seized during the course of search and seizure operation under section 132(1) of Income Tax Act, 1961.' 'On the facts and in the circumstances of the case, the learned Commissioner (Appeals) has erred in deleting the addition of Rs. 1,47,30,000 made by the assessing officer on protective basis on account of unaccounted in case on the basis of documents and seized during the course of search and seizure operation under section 132(1) of Income Tax Act, 1961.' SUBSCRIBE FOR FULL CONTENT

The Tax PublishersITA Nos. 5340, 5341 & 5342/D/2012
2013 TaxPub(DT) 1169 (Del-Trib)

Income Tax Act, 1961

--Protective assessment--Substantive assessment deleted by competent authority--Held: When substantive addition has been deleted by the competent statutory authority, then the protective addition made thereunder and related to the substantive addition cannot survive.(Para 9)

Income Tax Act, 1961, Section 143(3)

Income Tax Act, 1961

In The ITAT, Delhi Bench

S. V. Mehrotra, A.M. & Chandra Mohan Garg, J.M.

Dy. CIT v. Yash Pal Narender Kumar

ITA Nos. 5340, 5341 & 5342/D/2012

A.Ys. 2004-05, 2007-08, 2008-09

7 February, 2013

Appellant by : Priya Sahu, DR

Respondent by : None

ORDER

Chandra Mohan Garg, J.M.

These appeals have been filed by the Revenue against the consolidt. order of Commissioner (Appeals)-XXXI, New Delhi for assessment years 2004-05, 2007-08 and 2008-09 dt. 20-1-2012.

2. The grounds raised in these appeals read as under :

'On the facts and in the circumstances of the case, the learned Commissioner (Appeals) has erred in deleting the addition of Rs. 24,00,000 made by the assessing officer on protective basis on account of unaccounted in case on the basis of documents and seized during the course of search and seizure operation under section 132(1) of Income Tax Act, 1961.

'On the facts and in the circumstances of the case, the learned Commissioner (Appeals) has erred in deleting the addition of Rs. 84,42,000 made by the assessing officer on protective basis on account of unaccounted in case on the basis of documents and seized during the course of search and seizure operation under section 132(1) of Income Tax Act, 1961.'

'On the facts and in the circumstances of the case, the learned Commissioner (Appeals) has erred in deleting the addition of Rs. 1,47,30,000 made by the assessing officer on protective basis on account of unaccounted in case on the basis of documents and seized during the course of search and seizure operation under section 132(1) of Income Tax Act, 1961.'