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2016 (4) TMI 1245 - AT - Income TaxRevision u/s 263 - addition on the basis of seized documents - evidence found against assessee to connect with the addition on merit - Held that - When matter in issue has been considered in appeal and decided by the appellate authority, same would not be subject matter of proceedings under section 263 of the Act. All the original seized material have already been considered by the Assessing Officer and the ld. CIT(Appeals), there was no justification to initiate the proceedings under section 263 after passing of the assessment order and the appellate order. Further, no evidence was found against assessee to connect with the addition on merit. Therefore, the issue is covered in favour of the assessee by order of ITAT Chandigarh Bench in the case of M/s R.P. Import & Export Pvt. Ltd. 2016 (5) TMI 91 - ITAT CHANDIGARH and there is no justification for the ld. Pr. CIT to initiate proceedings under section 263 of the Act. Proceedings under section 263 are clearly beyond the competence of ld. Pr. CIT and whole proceedings are unjustified and unreasonable, therefore, the impugned order could not be sustained in law - Decided in favour of assessee.
Issues Involved:
1. Validity of proceedings under Section 263 of the Income Tax Act. 2. Assessment of the value of shares purchased by the assessee. 3. Admissibility of seized documents as evidence. 4. Jurisdiction of Principal CIT to revise the assessment order. Detailed Analysis: 1. Validity of Proceedings under Section 263 of the Income Tax Act: The core issue was the validity of the proceedings initiated under Section 263 of the Income Tax Act by the Principal CIT. The Tribunal observed that the Assessing Officer (AO) had already examined the matter during the assessment stage and made an addition based on the seized material. This addition was subsequently deleted by the CIT(Appeals), and the department's appeal was dismissed by the ITAT. The Tribunal emphasized that once an issue has been considered and decided in an appeal, it cannot be the subject matter of revision under Section 263. The Tribunal cited the case of CIT Vs Shalimar Housing & Finance Ltd., where it was held that the Commissioner cannot assume jurisdiction under Section 263 if the matter has already been decided in appeal. Consequently, the Tribunal quashed the proceedings under Section 263 initiated by the Principal CIT. 2. Assessment of the Value of Shares Purchased by the Assessee: The AO had initially assessed the value of shares of PNPL purchased by the assessee at ?6554 per share, based on seized documents, and made an addition of ?30,78,648. However, the CIT(Appeals) deleted this addition, and the ITAT upheld the deletion, noting that the addition was based on mere presumption and not on concrete evidence. The Tribunal reiterated that presumption, no matter how strong, cannot replace proof. The seized documents did not directly implicate the assessee, and no evidence was found during the search to suggest that the assessee paid any extra consideration over the declared amount. 3. Admissibility of Seized Documents as Evidence: The Tribunal scrutinized the admissibility of the seized documents found at the premises of Shri Surinder Gulati. It was noted that these documents did not mention the assessee's name and were not incriminating against the assessee. The Tribunal referenced the case of CIT Vs Kulwant Rai, where it was held that mere possession of a document does not lead to liability unless the document directly implicates the individual. The Tribunal underscored that no adverse material was found against the assessee during the search, and the seized documents were not reliable evidence for making any addition against the assessee. 4. Jurisdiction of Principal CIT to Revise the Assessment Order: The Tribunal examined whether the Principal CIT had the jurisdiction to revise the assessment order under Section 263. It was concluded that the Principal CIT exceeded his jurisdiction, as the matter had already been adjudicated by the appellate authorities. The Tribunal referred to the Explanation (c) of Section 263(1), which states that if an issue has been considered and decided in an appeal, it cannot be revised by the Commissioner. The Tribunal held that the Principal CIT's order was beyond his competence and unjustified, thereby quashing the revision proceedings. Conclusion: The Tribunal allowed the appeals of the assessee, quashing the orders under Section 263 of the Income Tax Act. It was held that the Principal CIT had no jurisdiction to revise the assessment order as the matter had already been decided in appeal. The Tribunal emphasized that the addition made by the AO was based on presumption without concrete evidence, and the seized documents were not admissible as they did not directly implicate the assessee. The Tribunal's decision was consistent with prior judgments, ensuring that the proceedings under Section 263 were set aside.
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