ORDER

Per Bench

1.1 Aforesaid appeal by revenue for Assessment Year (AY) 2016-17 arises out of an order passed by learned Commissioner of Income Tax (Appeals)-19, Chennai [CIT(A)] on 19-12-2022 in the matter of an assessment framed by Ld. AO u/s 143(3) r.w.s. 153A r.w.s. 153C of the Act on 03-02-2020.

1.2 The Registry has noted delay of 3 days in assessee’s cross- objection, the condonation of which has been sought by Ld. AR. Though Ld. CIT-DR has opposed condonation of delay, however, considering the period of delay, we condone the delay and admit the cross-objection for adjudication on merits.

1.3 The grounds taken by the revenue read as under:

1. The order of the learned Commissioner of Income Tax (Appeals) is erroneous on facts of the case and in law.

2. The Ld.CIT(A) erred in deleting the addition of Rs.4,00,00,000/- for AY 2016-17 made towards payment received from M/s.S.R.S.Mining and associates based on the incriminating materials seized from the premises of SRS Mining and sworn statements recorded from Shri. K. Srinivasulu and the assessee.

2.1. The Ld.CIT(A) erred in observing that that there is no mention anywhere in the seized materials that the assessee was recipient of unacc