2021 (12) TMI 1386 - HC - Income Tax

Assessment u/s 153A - Addition u/s 68 - HELD THAT - On perusal of the seized material, it is seen that the material referred to in the Satisfaction note does not pertains to AY 2003-04 in most cases. It is further seen from the records that no seized material or statement has been relied upon by the AO while making the addition and that the addition was made when conditions of section 68 of the Act were not fulfilled during the post search proceedings and during the proceedings before the AO. Appeal is squarely covered by the judgment of this Court in Kabul Chawla 2015 (9) TMI 80 - DELHI HIGH COURT Accordingly, we find no merit in the present appeal. The same is dismissed.

Summary

Issues:
Challenge to ITAT order dismissing appeal regarding unexplained cash credits under Section 68 of the Income Tax Act, 1961 based on seized documents and incriminating materials.

Analysis:
1. Background: The appellant challenged the order of the Income Tax Appellate Tribunal (ITAT) dated 02.07.2018, which dismissed the appeal regarding unexplained cash credits under Section 68 of the Income Tax Act, 1961. The case stemmed from a search and seizure operation in the Raj Darbar Group, where incriminating documents related to the respondent company were seized, leading to proceedings under Section 153C of the Act.

2. Appellant's Contentions: The appellant argued that the ITAT erred in relying on a judgment in a similar case involving non-existent companies from Kolkata applying for shares of the respondent. The appellant contended that the ITAT failed to consider the lack of seized documents while making additions to the respondent's income under Section 68.

3. ITAT's Findings: Both the Commissioner of Income Tax (Appeals) and the ITAT found that the Assessing Officer did not use any seized documents to justify the addition under Section 68. The ITAT highlighted that no incriminating material belonging to the assessee was found during the search, and the assessment order lacked details of seized documents relevant to the addition.

4. Court's Directions: The Court directed the appellant to disclose the relevance of seized books and papers to the additions made under Section 68. The subsequent affidavit revealed that the additions were made without fulfilling the conditions of Section 68, and no seized material was relied upon by the Assessing Officer.

5. Final Decision: Considering the lack of incriminating material and the failure to fulfill Section 68 conditions, the Court dismissed the appeal, citing the precedent set in the case of CIT vs. Kabul Chawla. The appeal was deemed meritless, and no costs were awarded.

In conclusion, the judgment upheld the ITAT's decision to dismiss the appeal, emphasizing the necessity of incriminating material and proper fulfillment of statutory conditions in adding unexplained cash credits under Section 68 of the Income Tax Act, 1961.