2018 (10) TMI 126 - AT - Income Tax

Assessment u/s 153A - proof of incriminating material found in search - Held that - In the absence of any incriminating material found from the premises of the assessee, additions made in the year is outside the scope of Section 153A of the Act. The present case is squarely covered by the decision of the Hon ble Jurisdictional High Court in case of CIT vs. Kabul Chawla 2015 (9) TMI 80 - DELHI HIGH COURT . - Decided in favour of assessee.

Summary

Issues:
1. Condonation of delay in filing appeal.
2. Validity of assessment under section 153A.
3. Disallowance under section 14A of the Income Tax Act.

Issue 1: Condonation of Delay
The appeal was filed by the assessee against the order passed by CIT (A) for Assessment Year 2004-05. The delay in filing the appeal by 589 days was attributed to the inadvertent omission of a clerk working in the office of the accountant. The assessee submitted an application for condonation of delay along with an affidavit from the clerk explaining the circumstances leading to the delay. The Tribunal, after considering the explanations provided, condoned the delay and proceeded with the hearing of the appeal.

Issue 2: Validity of Assessment under Section 153A
A search and seizure under section 132 was conducted on the Jakson Group, including the assessee, resulting in the issuance of notice under section 153A. The assessee challenged the assessment order, arguing that no incriminating material was found during the search, rendering the assessment invalid under section 153A. The Tribunal referred to previous decisions and held that in the absence of any incriminating material, the assessment order could not be sustained under section 153A. Citing the decision in CIT vs. Kabul Chawla, the Tribunal concluded that the additions made in the assessment were outside the scope of section 153A, thereby allowing the appeal of the assessee on legal grounds.

Issue 3: Disallowance under Section 14A
The CIT (A) had confirmed a disallowance under section 14A of the Income Tax Act. The assessee contended that the disallowance was made without any incriminating material and was not supported by evidence found during the search. The Tribunal, following the decision in CIT vs. Kabul Chawla, held that in the absence of incriminating material, the disallowance made under section 14A was not sustainable. Consequently, the appeal of the assessee was allowed on this ground as well.

In conclusion, the Tribunal allowed the appeal of the assessee based on the issues of condonation of delay, validity of assessment under section 153A, and disallowance under section 14A, highlighting the importance of incriminating material in assessments under section 153A and disallowances under section 14A of the Income Tax Act.