IN THE INCOME TAX APPELLATE TRIBUNAL
               DELHI BENCHES "F" : DELHI
     BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER
                          AND
         SHRI O.P. KANT, ACCOUNTANT MEMBER
                  ITA.No.6357/Del./2016
                 Assessment Year 2005-2006

M/s. Lakshya Consultants
(P) Ltd., Flat No.4, R.R.
Apartment, 304,                     The DCIT, Central Circle-14,
                             vs.
Manglapuri, Mehrauli                New Delhi.
Delhi ­ 110 030.
PAN AEIPG8121L
         (Appellant)                       (Respondent)

                For Assessee : Shri Gautam Jain, C.A.
                For Revenue : Smt. Sushma Singh, CIT-DR

              Date of Hearing : 16.03.2020
      Date of Pronouncement : 16.03.2020

                          ORDER
PER BHAVNESH SAINI, J.M.

           This appeal by Assessee has been directed

against the Order of the Ld. CIT(A)-XXVI, New Delhi, Dated

29.9.216, for the A.Y. 2005-2006.


2.         In this case assessment under section 153A/144

of the I.T. Act, 1961 was passed on 08.03.2013 by the A.O.
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                                      ITA.No.6357/Del./2016 M/s. Lakshya
                                             Consultants (P) Ltd., New Delhi.







making addition of Rs.9.78 crores on account of income

from undisclosed sources and disallowance of expenditure

of Rs.66,921/-. The assessee submitted before the Ld.

CIT(A) that it is a case of search and there is no reference to

any incriminating document found during the course of

search operation. The assessment have been framed without

reference to any incriminating document or material. The

assessee has relied upon several decisions in support of the

contention including Judgment of Hon'ble Delhi High Court

in the case of CIT vs., Kabul Chawla 380 ITR 573 (Del.).

Therefore, no addition could be made in the assessment.

The Ld. CIT(A) accepted the contention of assessee and

allowed this ground of appeal of assessee that no addition

could be made in the absence of any incriminating material.

The Ld. CIT(A), thereafter, decided the appeal of assessee on

merits and confirmed the substantive addition. Appeal of

assessee was partly allowed.


3.        The    assessee   in       the    present       appeal       has

challenged the addition on merits. The Learned Counsel for

the Assessee at the outset submitted that since no appeal
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                                    ITA.No.6357/Del./2016 M/s. Lakshya
                                           Consultants (P) Ltd., New Delhi.







have been filed by the Department allowing the appeal of

assessee on legal issue holding that no assessment could be

framed under section 153A because no incriminating

document was found during the course of search against

the assessee, therefore, appeal of assessee is academic in

nature only. He seeks permission to withdraw the appeal

and an endorsement to that effect has been made on the

appeal papers. In view of the above, we are of the view that

since no Departmental Appeal is filed by the Department

against the legal issue decided against the Revenue,

therefore,    the   issue on   merit is     left    with     academic

discussion only. We, therefore, allow the assessee to

withdraw the appeal. Appeal of assessee is dismissed as

withdrawn.


4.           In the result, appeal of the Assessee dismissed.

             Order pronounced in the open Court.


    Sd/-                                  Sd/-
   (O.P. KANT)                           (BHAVNESH SAINI)
ACCOUNTANT MEMBER                       JUDICIAL MEMBER
Delhi, Dated 16th March, 2020
VBP/-
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                                  ITA.No.6357/Del./2016 M/s. Lakshya
                                         Consultants (P) Ltd., New Delhi.




Copy to

1.   The appellant
2.   The respondent
3.   CIT(A) concerned
4.   CIT concerned
5.   D.R. ITAT `F' Bench, Delhi
6.   Guard File.

                     // BY Order //




          Assistant Registrar : ITAT Delhi Benches :
                         Delhi.