2016 (6) TMI 50 - AT - Income Tax

Assessment framed under sec. 153A/143(3) - Disallowance on account of deduction claimed under sec. 80IB - Held that - Following the ratios laid down in Kabul Chawla (2015 (9) TMI 80 - DELHI HIGH COURT ) hold that the assessment framed under sec. 153A/143(3) of the Act questioned in the present case is not valid in absence of incriminating material found during the course of search and abatement of assessment and reassessment already framed on the date of search. The assessment is accordingly quashed as void-ab-initio. The issue is thus decided in favour of the assessee and the grounds involving the same are allowed. The merit of the disallowance of the claimed deduction under sec. 80IB of the Act questioned in the remaining ground has thus become infructuous. - Decided in favour of assessee

Summary

Issues:
Disallowance of deduction under sec. 80IB of the Income-tax Act, 1961 in an assessment made under sec. 153A/143(3) of the Income-tax Act, 1961.

Analysis:

Issue 1: Disallowance of deduction under sec. 80IB

The assessee challenged the first appellate order questioning the sustenance of a disallowance of &8377; 4,91,404 claimed under sec. 80IB of the Income-tax Act, 1961. The contention was that the disallowance was made without incriminating material found during a search and abatement of assessments made earlier. The Learned AR cited a High Court case to support the argument that even the issuance of notice under sec. 153A might be invalid. The authorities below had disallowed the deduction on scrap sales, arguing it was not from the manufacturing of DG sets. However, the legal issue of the validity of proceedings under sec. 153A and the subsequent assessment was raised for the first time before the ITAT. The ITAT allowed this additional ground for adjudication. It was established that no incriminating material was found during the search, and assessments allowing the deduction were made before the search date. The ITAT relied on a High Court decision to conclude that the assessment under sec. 153A/143(3) without incriminating material was invalid, quashing the assessment as void-ab-initio and ruling in favor of the assessee.

Conclusion:
The ITAT allowed the appeal, holding the assessment under sec. 153A/143(3) invalid due to the absence of incriminating material, thus rendering the disallowance of the claimed deduction under sec. 80IB of the Act infructuous. The judgment was based on the legal principles outlined in a High Court decision, ultimately deciding in favor of the assessee.