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Asearchand seizure operation u/s 132(1) of the Act was conducted on 15th February, 2014 in thecaseof the assessee along with other cases of the AMQ group at various residential and business premises. A notice u/s 153A was issued to the assessee on 14th October, 2014 requiring the assessee to file the return for the relevant assessment year within 30 days which was served on the assessee on the same day. The assessee filed the return in response to notice u/s 153A declaring the total income of Rs. 1,84,50,000/- on 18th June, 2016 and offered additional income of Rs. 1,85,00,000/-. It was explained that an application offering additional income of Rs. 1,85,00,000/- was filed by the assessee before the Income-tax Settlement Commission stating that the assessee/applicant had derived this additional income of Rs. 1,85,00,000/- for A.Y. 2008-09 from the business of meat. The assessee through its submissions stated that the assessee had already offered income of Rs. 6.07 crores in the nature of income earned from meat business under Omasum- Delhi before the Settlement Commission vide application dated 26th December, 2014. It was further explained that the assesseee has fully explained the source and utilization of above mentioned additional income in the said application. However, the application of the assessee was rejected u/s 245D(4) dated 3rd March, 2016 on the ground that the disclosure was not true and full and has not explained the manner in which it was derived. Since the application filed by the assessee was rejected by the Settlement Commission, the same was included in the return of income for the year under consideration in response to notice u/s 153A.

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Sec. 153A of Income Tax Act, 1961— Assessment —AMQ AGRO INDIA PVT. LTD. vs. Asstt. CIt.[2020] 25 ITCD Online 074 (ITAT-DELHI)

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