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2017 (4) TMI 517 - AT - Income TaxAssessment order u/s 153A - Held that - AO informed the assessee about the copy of bank account obtained under DTAA. However, a contradictory observation has been made in para 6 of the assessment order that the requisite information from Swiss Banking Authority had not been received. We, therefore, considering the totality of the facts as discussed hereinabove, set aside the impugned order and restore the matter back to the file of the AO to be adjudicated afresh in accordance with law after providing due and reasonable opportunity of being heard and by confronting the assessee with the documents which relates to him. As regards to the legal issue relating to the validity of the assessment u/s 153A of the Act, it is noticed that the assessee in para 2.20 of his written submissions dated 22.08.2016 stated that the search team had confronted the assessee with unauthentic document. In the present case, it is not clear as to whether any authentic document was confronted to the assessee or not. The AO also mentioned that a reference was made on 27.11.2012 but it is not clear for which purpose the said reference was made. So in the absence of clear facts on record, this issue is also set aside to the file of the AO to be adjudicated afresh, in accordance with law after providing a due and reasonable opportunity of being heard to the assessee. - Decided in favour of assessee for statistical purposes.
Issues Involved:
1. Jurisdiction of the AO in passing the assessment order under section 153A. 2. Validity of the assessment order under section 153A being barred by limitation as per section 153B(1)(viii). 3. Addition of ?69,07,414 based on an alleged undisclosed HSBC Bank account in Geneva. 4. Admissibility and authenticity of the documents used as evidence by the AO. Detailed Analysis: 1. Jurisdiction of the AO in Passing the Assessment Order under Section 153A: The assessee challenged the jurisdiction of the AO in passing the assessment order under section 153A of the Income Tax Act, 1961. It was argued that the assessment order was bad in law and void ab initio. The CIT(A) dismissed this ground, stating that the AO was required to issue notices for six preceding assessment years as per section 153A(1)(a) and that there was no statutory requirement for referring any document before issuing notices. 2. Validity of the Assessment Order under Section 153A Being Barred by Limitation as per Section 153B(1)(viii): The assessee contended that the assessment order passed by the AO was barred by limitation as prescribed under section 153B(1)(viii). The search operation was carried out on November 11, 2011, and the order should have been passed within two years from the end of the financial year in which the search was executed, i.e., by March 31, 2014. However, the order was passed on February 27, 2015. The AO claimed that the limitation period was extended due to a reference made for exchange of information under DTAA. The CIT(A) upheld this view, stating that the reference made on November 27, 2012, extended the limitation period to March 31, 2015. 3. Addition of ?69,07,414 Based on an Alleged Undisclosed HSBC Bank Account in Geneva: The AO made an addition of ?69,07,414 based on an alleged undisclosed HSBC Bank account in Geneva. The assessee denied having such an account and argued that the addition was made without any incriminating material found during the search. The AO relied on photocopies of documents purportedly showing the account details, which the assessee claimed were unauthenticated and not reliable. The CIT(A) confirmed the addition, stating that the details in the alleged bank account matched the assessee's personal details. 4. Admissibility and Authenticity of the Documents Used as Evidence by the AO: The assessee argued that the documents used by the AO were photocopies, not authenticated, and did not bear any official signatures or stamps. The AO admitted that the requisite information from Swiss Banking Authorities had not been received. The Tribunal noted that the documents were not authenticated and did not have any evidentiary value. The Tribunal cited several case laws emphasizing the need for credible and cogent evidence. The Tribunal set aside the impugned order and restored the matter to the AO for fresh adjudication after providing the assessee with the opportunity to examine the documents. Conclusion: The Tribunal allowed the appeal for statistical purposes, setting aside the assessment order and remanding the matter to the AO for fresh adjudication. The AO was directed to provide the assessee with due and reasonable opportunity to examine the documents and to confront the assessee with any evidence that relates to him. The Tribunal also directed the AO to clarify the purpose of the reference made on November 27, 2012, and to adjudicate the legal issue of the validity of the assessment under section 153A afresh.
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