9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 1517 - AT - Income TaxAssessment u/s 153A - unexplained cash credits with respect to share capital as per the provisions of section 56(2)(viia) and on account of shares purchased by the assessee of a company for consideration less than the fair value of the share - HELD THAT - We do not find any merit in the present appeal filed by the Revenue. The facts vis- -vis both the appeal that search action was carried out on the assessee on 4.10.2012 and at the time of search action no assessment or reassessment proceedings were pending is undisputed. It is also not disputed that no incriminating documents or record or any other evidence was found or seized during the course of search proceedings which resulted in any addition in the case of the assessee. CIT(Appeals) has rightly deleted the addition made following various judicial pronouncements in this regard. Thus no incriminating material was found during search action and hence addition made was not justified - See MEETA GUTGUTIA PROP. M/S. FERNS N PETALS 2017 (5) TMI 1224 - DELHI HIGH COURT - Decided in favour of assessee.
Issues:
- Deletion of additions made by the Assessing Officer in assessment proceedings following a search carried out at the premises of the assessee. - Interpretation of section 153A of the Act in relation to additions made without any incriminating material found during the search. - Applicability of judicial pronouncements in determining the validity of additions made in the absence of incriminating material. - Comparison of decisions by the Hon'ble Delhi High Court in different cases regarding the necessity of incriminating material for making additions post-search. Analysis: 1. Deletion of Additions: The appeals filed by the Revenue were against the orders of the Ld. Commissioner of Income Tax(Appeals) deleting the additions made by the Assessing Officer in assessment proceedings post a search conducted at the assessee's premises. The additions pertained to unexplained cash credits and shares purchased below fair value. The Ld.CIT(Appeals) found that no incriminating material was found during the search, and assessments for the impugned years were not pending, leading to the conclusion that the additions could not have been made under section 153A of the Act. 2. Interpretation of Section 153A: The Ld.CIT(Appeals) relied on various judicial pronouncements, including the decision of the Coordinate Bench of the Tribunal and the Hon'ble Bombay High Court, to support the deletion of additions. It was established that in the absence of incriminating material found during the search when no pending assessment abated, additions could not be justified. The Ld.CIT(Appeals) referenced the decision of the Hon'ble Delhi High Court in the case of Kabul Chawla to emphasize the necessity of incriminating material for making additions post-search under section 153A. 3. Applicability of Judicial Pronouncements: The Ld. counsel for the assessee presented the order of the ITAT in a similar case, highlighting that the present appeals were covered by that decision. The Ld.CIT(Appeals) was justified in deleting the additions based on precedents like the decision of the Coordinate Bench and the Hon'ble Delhi High Court. The absence of incriminating material during the search action was a crucial factor in determining the validity of the additions made by the Assessing Officer. 4. Comparison of Decisions: The Ld. DR acknowledged the absence of incriminating material during the search but referred to a ground taken by the Revenue distinguishing the decision of the Hon'ble Delhi High Court in another case. However, the Tribunal found no merit in the Revenue's appeal, emphasizing that the facts regarding the search action and lack of incriminating material were undisputed. The Tribunal further analyzed the distinction made by the Hon'ble Delhi High Court in various cases to support the deletion of additions by the Ld.CIT(Appeals). 5. Final Decision: After considering the contentions of both parties and the relevant legal precedents, the Tribunal dismissed both appeals filed by the Revenue. The Tribunal upheld the decision of the Ld.CIT(Appeals) to delete the additions, concluding that the additions made without any incriminating material found during the search were not justified. The Tribunal also clarified the interpretation of the decisions by the Hon'ble Delhi High Court in different cases regarding the necessity of incriminating material for making additions post-search.
|
