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2019 (3) TMI 1140 - HC - Income TaxAssessment u/s 153A - addition u/s 68 - HELD THAT - Tribunal committed an error in remanding the issue before the Assessing Officer for fresh consideration. The Assessee had placed reliance on certain decisions of this Court to contend that in absence of any incriminating material found during the search no additions could have been made in the assessment order passed u/s 153A read with 143(3) of the Act. The Tribunal had to decide the correctness of his contention bearing in mind the facts on record. There was no purpose in remanding the issue back to the AO. The facts necessary to decide the question were at large before the Tribunal. Whether in view of such facts the Judgments cited by the Counsel for the Assessee were applicable or not the Tribunal had to decide. This issue should not have been remanded to the Assessing Officer. The impugned Judgment of the Tribunal which is common for both assessment years giving rise to these Appeals is set aside. The Appeals are restored before the Tribunal and shall be disposed of in accordance with law.
Issues:
Appeal challenging the Judgment of Income Tax Appellate Tribunal regarding additions made under Section 68 of the Income Tax Act, 1961 in absence of incriminating material found during search operations. Analysis: Issue 1: Addition under Section 68 of the Act The Appeals involved a challenge to the Judgment of the Income Tax Appellate Tribunal regarding additions made under Section 68 of the Income Tax Act, 1961. The Assessing Officer had examined advances received by the Assessee from customers towards the sale of shops/flats. Subsequently, the Assessee underwent search operations, and the Assessing Officer passed an order of assessment under Section 153A read with Section 143(3) of the Act. The Assessing Officer made additions under Section 68 of the Act, which was partially upheld by the CIT(A). The Tribunal remanded the issue back to the Assessing Officer for fresh consideration based on the argument that no incriminating material was found during the search, citing relevant decisions of the Bombay High Court. Issue 2: Error in Remanding the Issue The High Court found that the Tribunal erred in remanding the issue back to the Assessing Officer for fresh consideration. The Assessee had relied on decisions of the Court to argue that in the absence of incriminating material found during the search, no additions could have been made in the assessment order passed under Section 153A read with 143(3) of the Act. The Court opined that the Tribunal should have decided the correctness of this contention based on the facts on record and should not have remanded the issue. The Tribunal was tasked with determining the applicability of the judgments cited by the Assessee in light of the facts before it, without sending the matter back to the Assessing Officer. Final Decision The High Court set aside the impugned Judgment of the Tribunal and restored the Appeals before the Tribunal for disposal in accordance with the law. The Appeals were disposed of accordingly, emphasizing the need for the Tribunal to address the issue without remanding it back to the Assessing Officer. This comprehensive analysis highlights the key legal issues, the Tribunal's error in remanding the matter, and the High Court's decision to set aside the Tribunal's Judgment for further consideration.
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