9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (3) TMI 711 - AT - Income TaxAssessment order passed u/s 153C - Assessee submitted no incriminating material was found which was related to the assessee company - HELD THAT - From the perusal of the satisfaction note reproduced in the order of the CIT(A) as well as the assessment order, it can be seen that no incriminating material was found in assessee s case which was belonging to the assessee during the search and seizure operation in case of Mauria Group of cases. Thus, the reassessment u/s 153C is not complied properly. Secondly, though the Ld. DR pointed out that the original return of income was not filed, the same is contrary to the facts mentioned in Para 2 of the assessment order. Thus, at the threshold itself the assessment order passed u/s 153C was rightly quashed by the CIT(A). The CIT(A) has further given the observations on merit which is detailed and the Revenue has not given any contrary factual aspect. Therefore, the appeal of the Revenue is dismissed.
Issues:
1. Addition of unexplained share application money 2. Validity of assessment order passed under section 153C of the Income Tax Act, 1961 3. Sufficiency of opportunity provided to the assessee Analysis: 1. The appeal pertains to the addition of ?6,00,00,000 made by the Assessing Officer (AO) on account of unexplained share application money. The assessee, a non-banking finance company, had invested in shares of certain companies and subsequently sold them to other entities. The AO found discrepancies in the transactions, questioning the identity and creditworthiness of the parties involved. Consequently, the AO treated the amount as unaccounted income under section 68 of the Act. The CIT(A) allowed the appeal, stating that the assessee had provided sufficient details regarding the transactions, and the AO failed to establish lack of genuineness. The CIT(A) concluded that the addition was unjustified. 2. The validity of the assessment order passed under section 153C of the Income Tax Act, 1961 was also challenged. Search and seizure proceedings were conducted in the case of a related group of companies, but no incriminating material related to the assessee was found. The initiation of proceedings under section 153C was disputed by the assessee, as no evidence linking them to the seized material was presented. The CIT(A) agreed with the assessee, quashing the assessment order under section 153C due to the absence of incriminating material and non-compliance with the legal requirements. 3. The issue of providing sufficient opportunity to the assessee was raised, with the CIT(A) noting that the original return of income was filed by the assessee contrary to the claims made by the Revenue. The CIT(A) found no merit in the Revenue's arguments and dismissed the appeal, emphasizing that the assessment order under section 153C was rightly quashed and the observations on merit were adequately addressed. The appeal of the Revenue was ultimately dismissed by the Tribunal. In conclusion, the Tribunal upheld the CIT(A)'s decision, emphasizing the lack of incriminating material, the failure to establish the genuineness of transactions, and the proper quashing of the assessment order under section 153C. The detailed analysis provided by the CIT(A) and the lack of contrary factual evidence from the Revenue led to the dismissal of the appeal.
|
