2016 (3) TMI 276 - AT - Income Tax

Validity of assumption of jurisdiction under section 153C - additions made u/s 153C for want of any corresponding material/incriminating material unearthed during search operations - disallowance of cash purchases - Held that - In the absence of any incriminating material, the concluded assessments could not be interfered under Section 153A of the Act and further held that the documents seized has no reference to the income of the assessee for relevant assessment year and, thus, the Assessing Officer has no jurisdiction to make the re-assessment under Section 153A of the Act. In view of the above findings, we hold that the no addition can be sustained and thus this ground of appeal is allowed. Also the income declared was more than the net profit rate under Section 44AF of the Act as well as the net profit rate declared in respect of preceding years which have been accepted by the Tribunal. We hold that addition can t be sustained on merit of the case also. - Decided in favour of assessee

Summary

Issues Involved:
1. Validity of assumption of jurisdiction under section 153C of the Act.
2. Validity of additions made under section 153C for want of corresponding material.
3. Merits of the additions made on account of unverifiable purchases.

Analysis:

Issue 1: Validity of assumption of jurisdiction under section 153C of the Act:
The appeal challenged the order of the Commissioner of Income Tax (Appeals) upholding the assessment order passed by the Assessing Officer. The primary contention was the validity of assumption of jurisdiction under section 153C of the Act. The appellant argued that there was no document "belonging to" them found during the search operation, and no valid "satisfaction" was recorded for the proceeding under section 153C. However, this ground was dismissed as not pressed by the authorized representative. The Tribunal referred to a previous case and held that in the absence of incriminating material relevant to the assessee's income, the Assessing Officer had no jurisdiction to make reassessment under section 153C. Therefore, no addition could be sustained, and this ground of appeal was allowed.

Issue 2: Validity of additions made under section 153C for want of corresponding material:
The second issue raised was the validity of additions made under section 153C due to the lack of corresponding material or incriminating evidence for the assessment year in question. The authorized representative argued that no documents or evidence were found or seized relating to the assessment year, rendering the addition baseless. The Tribunal considered the arguments and cited a jurisdictional High Court case to support the contention that assessments cannot be interfered with under section 153A without incriminating material belonging to the assessee. As the seized documents had no relevance to the assessee's income for the relevant assessment years, the Tribunal held that the Assessing Officer lacked jurisdiction to make reassessment under section 153C. Consequently, this ground of appeal was allowed.

Issue 3: Merits of the additions made on account of unverifiable purchases:
Regarding the merit of the additions made on account of unverifiable purchases, the appellant contended that the gross profit rate declared was higher than the Tribunal's accepted rate in preceding years, justifying the disallowance of cash purchases. Additionally, the net profit rate declared exceeded the prescribed rate under Section 44AF of the Act. The Tribunal agreed with the arguments presented by the authorized representative and held that the additions could not be sustained on merit. Therefore, this ground of appeal was also allowed.

In conclusion, the Tribunal allowed the appeal filed by the assessee, ruling in their favor on all the grounds raised. The decision was pronounced on 29th January 2016.