2016 (9) TMI 747 - AT - Income Tax

Assessment order u/s 153A - Held that - AO has completed the assessment and made the addition in dispute without any incriminating material found during the search and seizure operation and the addition in this case was purely based on the material already available on record. Hence, the addition in the case is deleted . See CIT Central-III vs Kabul Chawla (2015 (9) TMI 80 - DELHI HIGH COURT), we allow the CO of the assessee and quash the assessment order passed u/s 143(3)/153A. - Decided in favour of assessee.

Summary

Issues:
1. Disallowance under section 40A(3) of Income Tax Act, 1961.
2. Jurisdiction to pass assessment order under section 153A.
3. Charging interest under section 234B of Income Tax Act, 1961.

Issue 1: Disallowance under section 40A(3) of Income Tax Act, 1961
The appellant contested the disallowance of ?8,51,000 under section 40A(3) by the Assessing Officer (AO) and confirmed by the CIT(A). The AO observed that cash payments of ?42,55,000 were made during the FY 2005-06, exceeding the limit prescribed under section 40A(3). The appellant argued that the disallowance was void ab initio and beyond jurisdiction. The Tribunal noted that the AO's action lacked incriminating material found during the search, rendering the addition unsustainable. Citing the decision of the Hon'ble Delhi High Court, the Tribunal allowed the appeal, stating that the addition was made without any incriminating material and was based on conjectures and surmises, thus deleting the addition.

Issue 2: Jurisdiction to pass assessment order under section 153A
The appellant challenged the jurisdiction of the AO to pass the impugned assessment order under section 153A. The Tribunal observed that no incriminating material was found during the search, and the AO disturbed the concluded assessment without any basis. Relying on the decision of the Hon'ble Delhi High Court, the Tribunal held that additions made without incriminating material are not sustainable under section 153A. Consequently, the Tribunal allowed the appeal, stating that the AO's action was based on conjectures and surmises, deleting the addition.

Issue 3: Charging interest under section 234B of Income Tax Act, 1961
The appellant contested the charging of interest under section 234B by the AO, which was upheld by the CIT(A). However, the Tribunal did not provide a detailed analysis or ruling on this issue in the judgment provided. Therefore, the outcome or decision regarding this specific issue is not explicitly mentioned in the summary of the judgment.