Held that no notice u/s. 143(2) was issued after filing of return. Assessment was not invalid. Commissioner being supervisory authority, can issue administrative direction to Assessing Officer. Addition can be made only in the year in which the investment was made as unexplained investment. Assessing Officer cannot make the addition in the year of his choice. Swiss Bank-Base sheet-Authenticity of information not established as regards account in Swiss Bank and base sheet. Addition as unexplained investment and addition on deposit is held to be not sustainable. Completed assessment, no addition can be made in the absence of incriminating material found in the course of search. Merely on the basis of statement u/s 132(4), addition cannot be made. Marriage expenses are withdrawal from bank. Deletion of addition is held to be justified. (AY. 2006-07, 2007-08, 2009-10 to 2012-13)
ACIT v. Parminder Singh Kalra (2021) 90 ITR 419 (Delhi)(Trib.)
S. 153A : Assessment-Search or requisition-No notice u/s. 143(2) was issued after filing of return-Assessment was not invalid-Commissioner being supervisory authority, can issue administrative direction to Assessing Officer-Un explained investment-Addition can be made only in the year in which the investment was made-Assessing Officer cannot make the addition in the year of his choice-Swiss Bank-Base sheet-Authenticity of information not established-Addition as unexplained investment and addition on deposit is held to be not sustainable-Completed assessment-No addition can be made in the absence of incriminating material found in the course of search-Merely on the basis of statement u/s 132(4), addition cannot be made-Marriage expenses-Withdrawal from bank-Deletion of addition is held to be justified. [S. 69, 132, 143(2), 153D]