Where a search is conducted on the residential premises of the assessee, a chartered accountant by profession, and cash and gold coins are seized and addition made under Sections 69A and 69B, since the assessment order is passed under Section 143(3) and not 153A, assessee cannot complain that warrant of search is erroneous. Cash and balance gold coins in excess of that declared in return since not explained the addition is liable to be sustained. Section 143(2) notice is valid and the AO is not precluded from making a scrutiny assessment. Referred, Pooran Mal v. Director of Inspection (1974) 93 ITR 505 (SC), Dr. Pratap Singh & Anr. v. Director of Enforcement (1985) 155 ITR 165 (SC) (AY.. 2015-2016)
Sushil Kumar Singhal v. DCIT (2022) 220 TTJ 119/ 218 DTR 297 (Jabalpur) (Trib)
S. 132 : Search and seizure-Chartered accountant-Illegal search-Excess cash-Evidence can be used against the assessee-Assessee cannot allege search was to be conducted on another person and not him-Cash and balance of gold coins found in excess declared in the return to be added back.[S.69A, 69B, 143(3), 153A]