2019 (4) TMI 1180 - HC - Income Tax

Assessment u/s 153A - questions of validity of search authorization against the assessee - statement was recorded at the fag end of the search when assessee was exhausted - compulsion to admit additional income - statement taken was not a statement as per the provisions of sec. 132(4) - HELD THAT - We are of the opinion that even though revenue may have an arguable case in relation to the tribunal s first conclusion of invalidity of assessment u/s 153A, in view of the tribunal's ultimate conclusions, these Appeals are not required to be entertained. The tribunal in the impugned judgment while deleting additions on merits has come to the conclusion that the revenue authorities did not contradict the submissions of the assessee regarding impermissibility of reliance on certain documents and the statements recorded in search. The tribunal also noted that the analysis carried out by the Assessing Officer suffered from multiple infirmities. Assessing Officer had not carried out the qualitative analysis and had carried out on certain arithmetical calculations based on loose papers. In the result the entire issue is based on appreciation of materials on record. No question of law arises - Appeals are dismissed.

Issues:
1. Validity of search and seizure action against the Association of Persons (AOP) or its members.
2. Validity of additions made by the Assessing Officer in the hands of the Respondent-Assessee.
3. Whether the search authorization against the assessee was valid.
4. Whether the search carried out at the premises of the assessee was valid.
5. Merits of the additions made by the Assessing Officer.
6. Reliance on certain documents and statements recorded in search.
7. Qualitative analysis conducted by the Assessing Officer.
8. Conclusion reached by the Tribunal regarding the impermissibility of additions.
9. Justification of placing reliance on certain documents and statements by the tax authorities.

Analysis:
1. The Appeals were filed by the revenue challenging the judgment of the Income Tax Appellate Tribunal regarding the same assessee. The Tribunal concluded that no action under section 153A of the Income Tax Act could have been taken against the assessee based on the search authorization, Panchanama of search, and other relevant factors.
2. The Tribunal further examined the additions made by the Assessing Officer and held them to be impermissible on merits, stating that the revenue authorities did not contradict the submissions of the assessee regarding the reliance on certain documents and the qualitative analysis conducted by the Assessing Officer.
3. The Tribunal noted that the Assessing Officer's analysis suffered from multiple infirmities, as no other valuables corroborating the figures were seized, and the loose sheets did not tally with entries in the books of account. The Tribunal questioned the reliability of the statements recorded during the search and the circumstances under which they were obtained.
4. The Tribunal found that the Assessing Officer had not conducted a qualitative analysis and had relied on arithmetical calculations based on loose papers. It was observed that none of the buyers of the flat in question were examined to ascertain the truth, leading to doubts about the reliability of the evidence presented.
5. Ultimately, the Tribunal concluded that the tax authorities were not justified in placing reliance on certain documents and statements, as the surrounding circumstances indicated that the assessee was under compulsion to admit additional income, and the admission did not reflect the truth. The Tribunal dismissed the Income Tax Appeals, stating that the entire issue was based on the appreciation of materials on record, with no question of law arising.

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