COMMISSIONER OF INCOME TAX-XIV Vs. VIVEK AGGARWAL

JUDGEMENT

(1.) THE revenue is aggrieved by common order dated 28.06.2013 of the Income Tax Appellate Tribunal (hereinafter referred to as "the ITAT") in several appeals filed by it in respect of a block assessment year 2001 -02 to 2007 -08. It urges that there are two questions of law i.e. the correctness of the ITAT order to the extent it rejected the order of the Assessing Officer (AO) adding income on account of a document seized during the search proceedings. Here revenue had contended that the amounts liable to be added as they form undisclosed salary component of the assessee's income. The second question pertains to addition of Rs. 3.64 crores and Rs. 20 lakhs, alleged to be property related transactions again not reported by the assessee. The CIT(Appeals) and ITAT concurrently ruled with respect to the second amount (i.e. Rs. 20 lakhs) that since the transactions related to the time period 1999 -2000, the addition was time -barred, besides overturning it on the merits.

(2.) BRIEFLY the facts are that the search and seizure proceedings were conducted on 28.2.2007 in the assessee's premises. The assessee was issued notice under Section 153A and filed return declaring income as follows :

(3.) THE AO also determined salary - on the basis of the document said to be a letter/e -mail seized during the course of search operations - ' Rs. 28,50,000/ -,Rs. 2,77,00,000/ -, Rs. 33,25,000/ - and Rs. 36,00,000/ - in A.Ys 2002 -03, 2003 -04, 2004 -05, and 2005 -06 respectively as against the assessee's salary declared in its turn of income at Rs. 11,03,867/ -, Rs. 16,47,733/ -, Rs. 8,29,400/ - and Rs. 5,39,683/ - for the aforesaid years respectively.