2015 (4) TMI 177 - AT - Income Tax

Validity of assessment framed u/s 153A - Held that - Decide the issue of validity of initiation of proceedings u/s 153A of the Act and the assessment framed there under in furtherance to the said notice in favour of the assessee. In result we hold that the notice issued u/s 153A in absence of incriminating material was invalid and accordingly the assessment framed in furtherance thereto is held null and void and is quashed. - Decided in favour of assessee.

Summary

Issues Involved:
1. Validity of assessment order framed u/s 153A
2. Disallowance of expenses u/s 14A and other expenditures

Issue 1: Validity of assessment order framed u/s 153A:
The appellant contested the rejection of the contention that the assessment order under section 153A was invalid due to an allegedly unlawful search. The appellant also challenged the disallowance of expenses under section 14A. The Revenue, on the other hand, disputed the deletion of certain disallowances under Rule 8D of IT Rules, 1962, and the direction to allow depreciation on computer software expenditure. The key argument revolved around the absence of incriminating material during the search, leading to questions about the validity of the assessment under section 153A. The appellant maintained that the original assessment was already completed under section 143(3) before the search, and no incriminating material was found. The appellant cited various case laws to support the contention that additions cannot be made in the absence of incriminating material during a section 153A proceeding. The Departmental Representative, however, argued that the search itself was sufficient to initiate section 153A proceedings, emphasizing that the Assessing Officer's jurisdiction extends to assessing or reassessing total income for the relevant assessment years. The Tribunal analyzed the legal provisions and case laws to determine the validity of the assessment under section 153A.

Issue 2: Disallowance of expenses u/s 14A and other expenditures:
The appellant argued that the assessment under section 153A was invalid due to the lack of incriminating material during the search. The Tribunal referred to a Special Bench decision and a Delhi Bench ruling that supported the appellant's position, stating that incriminating material must be present for assessments under section 153A. The Tribunal noted that in the present case, no incriminating material was discovered during the search related to the appellant. The Departmental Representative's reliance on specific cases with distinguishable facts was deemed unhelpful to the Revenue's position. The Tribunal ultimately held in favor of the appellant, declaring the notice issued under section 153A without incriminating material as invalid, leading to the nullification of the assessment framed thereafter. Consequently, the grounds challenging the disallowances and additions made in the assessment order were rendered academic and disposed of accordingly.

In conclusion, the Tribunal ruled in favor of the appellant regarding the validity of the assessment order framed under section 153A due to the absence of incriminating material during the search. This decision rendered the other grounds of appeal on disallowances and additions moot. The judgment highlighted the importance of incriminating material in section 153A assessments and provided a detailed analysis of legal provisions and precedents to support its decision.