Adarsh Agrawal v. ITO (2020) 77 ITR 52 (SN) (Delhi)(Trib.)

S. 147 : Reassessment–With in four years-Search and seizure– Alleged cash loans–Parties denying cash loans-Reassessment is held to be nor valid–Correct legal course could have been action u/s. 153C and not reassessment–Addition is deleted. [S. 132, 153A, 153C, 148]

Tribunal held that the parties have denied the cash loans, not examined the parties, neither original agreement was  brought on record neither  report  of hand writing  expert obtained. Reassessment is held to be not valid. Correct  course  of action could  have been action u/s. 153C and not reassessment. Accordingly the addition is  deleted. (AY.2010-11)