2021 (7) TMI 1163 - AT - Income Tax

Assessment u/s 153A - jurisdiction of the AO - HELD THAT - We are of the view that addition made by the AO has already been deleted by the CIT(A) on merit. The order of the CIT(A) has not been challenged by the Revenue in further appeal - adjudication of legal issue at this stage would only an academic exercise. It is not going to materially affect the assessee in any manner. No other proceedings in consequence to this proceeding qua the assessee are pending. We do not deem it necessary to devote time energy for resolving an academic litigation. To our mind to some extent this appeal of the assessee has become redundant. We observe that dismissal of this appeal will not cause any prejudice to other assessee who may challenge identical notice on account of search conducted at Barter. It will not affect the case of the AO qua other assessees. In future on account of some proceedings for adjudication on the validity of the notice arises then the assessee will be at liberty to apply for recall of this order and may press this ground of appeal. With the above observation this appeal is dismissed.

Summary

Issues:
1. Jurisdiction of the Assessing Officer under section 153C of the Income Tax Act, 1961.
2. Validity of the notice issued to the assessee.
3. Admissibility of additions made by the Assessing Officer.
4. Deletion of additions by the CIT(A).
5. Appeal maintainability due to tax effect.
6. Academic nature of legal issue due to deletion of additions by CIT(A).

Jurisdiction of the Assessing Officer under section 153C:
The case involved a notice issued under section 153C of the Income Tax Act, 1961 to the assessee following a search operation in group cases. The Assessing Officer (AO) contended that incriminating materials found during the search belonged to the assessee, justifying the notice. However, the CIT(A) subsequently deleted the additions made by the AO, rendering the issue of jurisdiction academic. The Tribunal observed that since the CIT(A)'s order was not challenged by the Revenue, the legal issue became redundant, and further adjudication would be merely an academic exercise. The Tribunal dismissed the appeal, noting that the issue of jurisdiction may arise in the future for other assessees, allowing the assessee to apply for recall of the order if necessary.

Validity of the Notice Issued:
The appeal raised concerns about the legality and jurisdiction of the notice issued under section 153C to the assessee, prompting a challenge to the assessment order. However, the Tribunal found that since the CIT(A) had already deleted the additions made by the AO, the issue of the notice's validity became secondary. The Tribunal emphasized that the dismissal of the appeal would not prejudice other assessees facing similar notices, leaving the door open for the assessee to revisit the issue if required in the future.

Admissibility of Additions:
The Assessing Officer had made additions to the assessee's income under sections 69 and 68 of the Income Tax Act, totaling a significant amount. On appeal, the CIT(A) overturned these additions, leading to the deletion of the additional income. The Tribunal noted that the CIT(A)'s decision to delete the additions was not contested by the Revenue, further underscoring the academic nature of the legal issue concerning the initial admissibility of these additions.

Deletion of Additions by CIT(A):
The CIT(A) exercised its authority to delete the additions made by the Assessing Officer, thereby reducing the assessee's taxable income. This action was not challenged by the Revenue, indicating an acceptance of the CIT(A)'s decision. Consequently, the Tribunal considered the issue resolved on merit, reinforcing the dismissal of the appeal.

Appeal Maintainability due to Tax Effect:
The issue of appeal maintainability arose concerning the tax effect of the relief granted by the CIT(A). The Revenue did not challenge the CIT(A)'s decision, citing the tax effect falling below the required limit for appealing such orders. The Tribunal acknowledged this aspect but ultimately focused on the academic nature of the legal issue post the CIT(A)'s decision, leading to the dismissal of the appeal.

Academic Nature of Legal Issue:
The Tribunal highlighted the academic nature of the legal issue surrounding the jurisdiction of the Assessing Officer under section 153C, given the deletion of additions by the CIT(A) and the lack of challenge from the Revenue. Emphasizing that the issue had become redundant in light of the CIT(A)'s order, the Tribunal deemed further adjudication unnecessary, as it would not materially impact the assessee. The dismissal of the appeal was deemed non-prejudicial to other assessees potentially facing similar challenges, with the option for the assessee to revisit the issue if circumstances warranted.

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