Sachin Vs Assistant Commissioner of Income Tax, Central Circle-13, Delhi

Parties Involved

Facts Summary

In this case, a search and seizure operation under section 132 of the Income Tax Act was conducted on 03.03.2020, wherein unexplained cash in foreign currency was found in Shri Sachin's possession at IGI Airport. The assessment was completed under section 153A read with section 144 of the Income Tax Act, 1961 on 25.09.2021 as the assessee failed to appear during the assessment proceedings. The Assessing Officer made an addition of Rs.1,50,000/- under section 69C of the Act on account of foreign travel. The assessee was issued a show cause notice dated 13.09.2021 to provide details of foreign travel and expenses, but no compliance was made. Consequently, the Assessing Officer added the expenses to the assessee's income under section 69C read with section 115BBE of the Act.…

Legal Issues

• 1. Whether the learned Commissioner of Income Tax (Appeals) erred in upholding the determination of income made by the Assessing Officer.
• 2. Whether the learned Commissioner of Income Tax (Appeals) erred in disposing off the appeal ex-parte without granting any opportunity of being heard to the appellant.
• 3. Whether the learned Commissioner of Income Tax (Appeals) erred in upholding the assumption of jurisdiction under section 153A and framing of assessment under section 153A/143(3) of the Act.
• 4. Whether the approval obtained under section 153D of the Act was mechanical, illegal, and invalid.
• 5. Whether the learned Commissioner of Income Tax (Appeals) erred in sustaining an addition of Rs. 1,50,000/- representing alleged expenditure incurred on a foreign visit.
• 6. Whether the learned Commissioner of Income Tax (Appeals) erred in upholding the levy of interest under sections 234A and 234B of the Act.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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