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2016 (9) TMI 745 - AT - Income TaxAssessment u/s 153A - Addition u/s 68 - Held that - Respectfully following the binding precedents of the Hon ble Jurisdictional High Court in CIT vs. Kabul Chawla (2015 (9) TMI 80 - DELHI HIGH COURT) and in Principal Commissioner of Income Tax v/s. Kurele Paper Mills P. Ltd. (2015 (9) TMI 115 - DELHI HIGH COURT ) we dismiss appeal of Revenue, as the addition u/s. 68 of the I.T. Act, 1961 as unexplained investment in the share application money was not made, based on any incriminating material found or seized during the course of search; and the additions are beyond the scope of provisions of Section 153A of the Act. Hence, the impugned order does not require any interference on our part - Decided in favour of assessee
Issues:
1. Scope of addition under section 153A of the Income Tax Act. 2. Impact of absence of incriminating material on original assessment. 3. Deletion of addition of unexplained investment in share application money under section 68 of the Income Tax Act. 4. Jurisdictional aspects of assessment under section 153A. Issue 1: Scope of addition under section 153A: The appeal by the Revenue challenged the order of the Ld. CIT(A) regarding the addition made under section 153A of the Income Tax Act. The Ld. CIT(A) held that the additions made by the Ld. AO were beyond the scope of provisions of Section 153A as no incriminating material was found during the search. The Tribunal noted that the Ld. AO had made the addition based on the examination of the return of income and balance sheet furnished by the assessee during the assessment proceedings. The Tribunal referred to various decisions to support the view that additions under section 153A must be based on seized material or incriminating evidence. Issue 2: Impact of absence of incriminating material on original assessment: The Tribunal observed that no incriminating material was found or seized during the search and seizure operation in the case of the assessee. The Ld. CIT(A) specifically noted that as of the date of the search, no assessment was pending for the year under consideration. The Tribunal referred to a decision by the Hon'ble Delhi High Court in a related case, emphasizing that in the absence of incriminating material, no additions could be made to the income already assessed. The Tribunal held that the additions made were erroneous and beyond the scope of Section 153A. Issue 3: Deletion of addition of unexplained investment in share application money: The Tribunal discussed the specific addition of ?46,24,000 made by the Ld. AO on account of unexplained investment in share application money under section 68 of the Income Tax Act. The Ld. CIT(A) found this addition to be outside the scope of Section 153A due to the absence of incriminating material. The Tribunal, following the decisions of the Hon'ble Delhi High Court, upheld the deletion of this addition as it was not based on any seized material or incriminating evidence. Issue 4: Jurisdictional aspects of assessment under section 153A: The Tribunal further analyzed the jurisdictional aspects of assessments under section 153A. Referring to the decisions of the Hon'ble Delhi High Court and the Hon'ble Supreme Court, the Tribunal concluded that in the absence of incriminating material, assessments under section 153A should not result in any additions to the income already assessed. The Tribunal dismissed the appeal by the Revenue, upholding the decision of the Ld. CIT(A) to delete the addition of ?46,24,000 as it was not supported by any incriminating material found during the search. In conclusion, the Tribunal dismissed the appeal filed by the Revenue, emphasizing that the additions made by the Ld. AO were beyond the scope of Section 153A of the Income Tax Act due to the absence of incriminating material. The Tribunal upheld the deletion of the addition of unexplained investment in share application money, as it was not supported by any seized material or evidence. The decision was in line with the legal precedents established by the Hon'ble Delhi High Court and the Hon'ble Supreme Court regarding assessments under section 153A in the absence of incriminating material.
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