Search and seizure operations were conducted under section 132 in the premises of the assessee and in the residential premises of its managing trustee and one of its trustees. In the block assessment order the Assessing Officer made an addition under section 69 of the cash seized during the search to the income of the assessee. On appeal the addition was deleted, which was affirmed by the Tribunal. On appeal High Court affirmed the order of the Tribunal and held that even as regards the cash found during the course of search, it was found to have been added in the income of the individuals from whose residence it was recovered. Therefore, the cash amount could not have been added to the income of the assessee.
CIT v. Orissa Trust of Technical Education and Training (2023) 450 ITR 276 (Orissa)(HC)
S. 69 : Unexplained investments-Search and seizure-Block assessment-Educational institution-Deletion of addition was held to be proper. [S. 10(22), 10(23C)(vi), 11, 132, 158BC, 260A]