2016 (2) TMI 1328 - AT - Income Tax

Assessment u/s 153A - Proof of incriminating material found in search - HELD THAT - The assessee s arguments are in tune with those made in the lower appellate proceedings that his regular assessment stood completed well before search and the AO ought not to have invoked section 153A in absence of any incriminating evidence. We find that he has also placed on record relevant panchnama drawn on 09-09-2011. The Revenue fails to rebut this factual position. Thus initiation of section 153A proceedings in absence of any incriminating evidence is not sustainable. The same is accordingly quashed - Decided in favour of assessee.

Summary

Issues:
Appeals for A.Y. 2006-07 to 2007-08 challenging CIT(A)'s order under section 153A r.w.s. 43(3) of the Income Tax Act, 1961; validity of section 153A proceedings; treating loss under 'income from other sources' as profits from business and profession; disallowance of interest expenses; disallowance u/s. 71(1), 57, and 14A.

Analysis:

1. Validity of Section 153A Proceedings:
The appeals challenged the initiation of section 153A proceedings post a search conducted at the assessee's premises. The assessee contended that the regular assessment was already completed before the search, and no incriminating material was seized. The CIT(A) upheld the proceedings citing the provision's applicability to six preceding assessment years. The Tribunal, referencing a similar case, held that no addition could be made without incriminating evidence found during the search. Relying on jurisdictional high court decisions, the Tribunal quashed the search assessment, finding the initiation of section 153A proceedings without incriminating evidence unsustainable.

2. Disallowance Issues:
The appeals also addressed specific disallowances made by the Assessing Officer, including treating loss under 'income from other sources' as profits from business and profession, disallowance of interest expenses, and disallowances u/s. 71(1), 57, and 14A. The Tribunal's decision to quash the search assessment rendered these disallowances infructuous, leading to the allowance of both appeals.

Overall, the Tribunal's detailed analysis focused on the legality of section 153A proceedings, emphasizing the necessity of incriminating evidence for such proceedings. The decision to quash the search assessment impacted the other substantive grounds raised in the appeals, resulting in the allowance of both appeals.