- (1.) The present appeal is filed by the Department against the impugned order dated 5.10.2010 passed by the Income Tax Appellate Tribunal, Allahabad in ITA No. 05/Alld/09 for the Block Period 1.4.1988 to 3.5.1998. The assessee has also filed the writ petition praying for refund of the seized cash.
(2.) The brief facts of the case are that on 2nd May, 1998, three persons namely Shri Mahesh Kumar Khandelwal, Shri Vijay Kumar Soni and Shri Phool Raj Singh were going on a Rickshaw to board the Prayagraj Express Train for going to Delhi. They were detained by the police and a total sum of Rs. 17,00,000/- was recovered from their possession. On interrogation, all the three persons stated that the money belongs to the assessee i.e. Anil Kumar Chaddha alias Guddu, who in reply to the query by the police stated that the cash belongs to the Firm M/s. Chaddha & Others. Finally, the matter was referred to the Income Tax Department, who has issued a notice under Section 158BC of the Act in the name of the assessee and made the addition being undisclosed income alongwith the income of Rs. 1,11,700/- disclosed by the assessee in his return. Finally, the undisclosed income of Rs. 18,11,700/- was taxed in the hands of the assessee.
(3.) The CIT(A) has confirmed the same, but the Tribunal has deleted the addition by observing that no search warrant was issued under Section 132 of the Act in the name of the assessee. So, no notice can be issued in the name of the assessee under Section 158BC of the Act. Being aggrieved, the Department has filed the present appeal.;