2020 (2) TMI 589 - HC - Income Tax

Additions made during the course of the assessment proceedings - incriminating material found during the search or not - HELD THAT - Assessing Officer, while passing the assessment order, has not clearly stated as to what is the incriminating material on the basis of which the additions were sought to be made. The co-relation between the so-called incriminating material which has not even been disclosed, and the additions made, should have been established by the Assessing Officer, which had not been done. No substantial question of law arises for our consideration.

Summary

Issues Involved:
1. Appeal against the order passed by the Income Tax Appellate Tribunal, Delhi Bench 'D'.
2. Disallowance of additions made during assessment proceedings.
3. Requirement of incriminating material for additions.
4. Lack of correlation between incriminating material and additions.
5. Substantial question of law for consideration.

Analysis:

1. The High Court heard an appeal against the order passed by the Income Tax Appellate Tribunal, Delhi Bench 'D', relating to two appeals - one by the assessee and the other by the Revenue for the Assessment Year 2005-06.

2. The Tribunal allowed the appeal of the assessee and disallowed the appeal of the Revenue, stating that the Revenue failed to establish that the additions made during the assessment proceedings were based on any incriminating material found during the search of the Dawat Group of Companies, to which the assessee belongs.

3. The Tribunal emphasized the importance of additions being made based on seized material found during the search. It noted that the Assessing Officer did not clearly state the incriminating material forming the basis of the additions sought to be made. The Tribunal directed the Assessing Officer to delete certain disallowances and additions as they were not supported by seized material.

4. The High Court observed that there was a lack of correlation between the undisclosed incriminating material and the additions made by the Assessing Officer. The Court highlighted that the Assessing Officer should have established a clear connection between the undisclosed material and the additions, which was not done in this case.

5. The High Court concluded that in the absence of a clear link between the incriminating material and the additions, no substantial question of law arose for consideration. Therefore, the appeal was dismissed based on the lack of substantial legal issues to be addressed.

This detailed analysis of the judgment provides a comprehensive understanding of the issues involved, the Tribunal's decision, and the High Court's reasoning in dismissing the appeal.