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Assessee has raised the ground that the Ld. Commissioner of Income Tax (Appeals)-3, Gurgaon further gravely erred in upholding the action of the Ld. Assessing Officer in making an addition of Rs. 1,40,77,758/- on account of alleged commission expenses paid by the Appellant for arranging the alleged entries in respect of Long Term Capital Gains by invoking the provisions of Sec. 69C of the Act on sheer presumptive basis.

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Sec. 147 & 148 of Income Tax Act, 1961—Reassessment— Addition was made only on the basis of loan agreement that was found during the course of search in the case of Shri Naresh Sabharwal which is handed-over to the A.O. of the assessee, therefore, there was no justification for the A.O. to have been initiated proceedings under section 147/148 and the correct course of action would have been to proceed against the assessee under section 153C , therefore, initiation of re-assessment proceedings under section 147/148 is wholly invalid, void and bad in Law - SANJAY SINGHAL (HUF) V/s DEPUTY CIT - [2020] 81 ITR (TRIB) 377 (ITAT-CHANDIGARH).