COMMISSIONER OF INCOME TAX Vs. NIRMALA KESHWANI

JUDGEMENT

(1.) All the three appeals have been filed by the Department against consolidated order dated 29.11.2013 passed by the Income Tax Appellate Tribunal, Agra in ITA Nos. 200, 305 and 306/Agra/2013 for the assessment year 2002-03 and 2006-07.

(2.) The brief facts of the case are that all the assessees belong to M/s. Shanker Gutka Group, where a search and seizure operation was carried out on 30/31 January 2008. During the course of search, some cash was found and seized. No search warrant was issued in the name of the assessees, but the proceedings under Section 153C were initiated and assessees were asked to file the returns. Later, the A.O. passed the assessment order on account of house property and long term capital gain under Section 153C read with Section 153A/143(3) of the Income Tax Act. The CIT(A) has confirmed the additions, but the Tribunal has deleted the said additions. Being, aggrieved the Department has filed the present appeals.

(3.) With this background, Shri Shambhu Chopra, the learned counsel for the Department submits that the core issue is that the Tribunal himself has interpreted the provision of Section 153C of the Income Tax Act but the same only provides the procedure to be followed.