PR. COMMISSIONER OF INCOME TAX Vs. VINITA CHAURASIA

JUDGEMENT

(1.) These are two appeals under Sec. 260A of the Income Tax Act, 1961 ('Ac') by the Revenue directed against a common order dated 29th May, 2015 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA Nos. 3551/Del/2013 and 3343/Del/2013 for the Assessment Year ('AY') 2010-11.

(2.) The question urged by the Revenue in these appeals is whether the ITAT erred in law in setting aside the initiation of proceedings against the Assessee under Sec. 153C of the Act. The further question urged is whether the ITAT erred in deleting the following additions made by the Assessing Officer ('AO'): Rs. 16,42,68,522 as cash payments from unaccounted sources; Rs. 39,65,106 on account of disallowance of payment of sinking funds; Rs. 29,73,830 on account of disallowance of maintenance security and Rs.65,70,747 on account of disallowance of commission.

(3.) The background facts are that the Assessee filed her return of income for the AY in question on 2nd Aug., 2010 declaring an income of Rs.2,20,19,780 under the heads income from house property, short terms capitals gains and income from other sources. The assessment for the AY in question was completed under Sec. 143(3) of the Act with the AO passing an assessment order dated 29th Dec., 2011 at a total income of Rs. 21,22,88,069 against the return income of Rs. 2,20,19,780.