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2017 (8) TMI 1540 - AT - Income TaxValidity of proceedings completed u/s 153A - Additional grounds raised by the assessee on the legal issue of validity of search proceedings - validity of the search proceedings initiated u/s 132 of the Act questioned on the ground that the search was carried in violation of provisions of section 132 of the Act as there was no material or evidence was seized at the time of search showing any undisclosed income - HELD THAT - Whether there was an incriminating material found during the course of search or not, is a matter of fact, which can be find out from the records available with the department. Unless the Assessing Officer or the CIT(A) examine the search folder, it is difficult to conclude that that there was no incriminating material found during the search. Since the lower authorities did not had an occasion to examine the additional ground raised by the assessee challenging the validity of search proceedings in the light of claim of the assessee, we deem it appropriate to set aside the issue to the file of the CIT(A) for his consideration and direct him to admit the additional grounds raised by the assessee and adjudicate the issue as per law. Since we have set aside the issue to the file of the CIT(A) for adjudicating the additional grounds raised by the assessee on the legal issue of validity of search proceedings, the grounds raised by the assessee, challenging the additions made by the Assessing Officer on merits has not been consider at this juncture. Appeal filed by the assessee allowed for statistical purpose.
Issues Involved:
Appeals against CIT(A) orders for assessment years 2002-03 to 2008-09; Challenge to additions made by Assessing Officer; Validity of proceedings under section 153A of the IT Act 1961; Admissibility of additional grounds challenging search proceedings; Legal issue of validity of search proceedings under section 132 of the IT Act. Analysis: 1. Challenge to Additions Made by Assessing Officer: The appeals were filed against CIT(A) orders for assessment years 2002-03 to 2008-09, challenging the additions made by the Assessing Officer towards various incomes. The CIT(A upheld the additions towards income from house property, income from salary, and other sources. The assessee raised common grounds in all assessment years and also filed a petition for admission of additional grounds challenging the validity of proceedings completed under section 153A of the IT Act 1961. 2. Validity of Proceedings under Section 153A: The assessee contended that the assessment order passed under section 144 r.w.s. 153A was arbitrary and unsustainable, claiming that section 153A was wrongly invoked. The assessee argued that there was no connection with the transactions leading to the search action and that no material or evidence was found disclosing any undisclosed income. The legality of the search action and the consequential block assessment proceedings were challenged on the grounds of lack of incriminating material and the arbitrary nature of the additions made. 3. Admissibility of Additional Grounds Challenging Search Proceedings: The assessee filed a petition for admission of additional grounds challenging the validity of search proceedings under section 132A of the IT Act. The arguments presented highlighted the lack of incriminating material found during the search, questioning the legality of the search and subsequent assessment proceedings. The Assessing Officer's failure to consider the absence of evidence indicating undisclosed income was a key point of contention. 4. Legal Issue of Validity of Search Proceedings under Section 132: The Tribunal acknowledged the legal plea raised by the assessee regarding the validity of the search proceedings initiated under section 132 of the IT Act. The absence of incriminating material during the search and the alleged violation of provisions of section 132 formed the basis of the challenge. The Tribunal admitted the additional grounds raised by the assessee for adjudication, emphasizing the importance of examining the legality of the search proceedings. 5. Decision and Outcome: The Tribunal set aside the issue to the file of the CIT(A) for further consideration of the additional grounds challenging the validity of the search proceedings. The Tribunal directed the CIT(A) to admit the additional grounds raised by the assessee and adjudicate the issue as per law. As a result, the appeals filed by the assessees were allowed for statistical purposes, with the Tribunal not adjudicating other issues on merits in the absence of a decision on the validity of the search proceedings.
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