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2021 (8) TMI 31 - AT - Income TaxAssessment u/s 153A - Disallowance of interest paid in a search proceeding - HELD THAT - CIT(A) in the earlier year on the identical facts and deleted the additions made by the Ld. AO in the unabated assessment since the same were not made on the basis of any incriminating material found during the course of search relying upon the principle laid down by the Jurisdictional High Court in the case of PCIT -Vs- Saumya Construction Pvt. Ltd., 2016 (7) TMI 911 - GUJARAT HIGH COURT , the judgments passed in the matter of CIT -vs- Kabul Chawla, 2015 (9) TMI 80 - DELHI HIGH COURT and CIT -vs- Continental Warehousing Corporation Ltd 2015 (5) TMI 656 - BOMBAY HIGH COURT The addition in the appeal in hand indeed has been made on the basis of the books of accounts and the details furnished to the Ld. AO and not on the basis of any incriminating material found during the course of search. Hence, respectively relying upon the judgment passed by the different judicial forums we delete the addition made under Section 143(3) r.w.s 153A of the Act. The appeal preferred by the assessee is, thus, allowed.
Issues involved:
Challenging disallowance of interest paid in a search proceeding where no incriminating material found, validity of disallowance, reliance on judicial precedents, assessment not pending, additions made without incriminating material, legality of additions in unabated assessments, reliance on judgments for deletion of additions. Detailed Analysis: 1. Challenging Disallowance of Interest Paid: - The appellant contested the disallowance of interest paid in a search proceeding where no incriminating material was found. The disallowance was deemed invalid and without legal sanction, leading to the appeal seeking deletion of the disallowance. 2. Assessment Background - A.Y. 2010-11: - The assessee firm, engaged in Angadia Services, filed its return for A.Y. 2010-11, which was duly processed. Subsequently, a search under Section 132 was conducted at the branch office, leading to a notice under Section 153A for filing the return. The issue arose from the disallowance of interest on unsecured loans, despite the loans being accepted as genuine. 3. Legal Arguments and Precedents: - The appellant argued that additions were made without incriminating material and that interest on loans recorded in the books cannot be the basis for additions in non-pending assessments. Reference was made to the judgment in PCIT vs. Saumya Construction Pvt. Ltd. and subsequent CIT(A) orders for similar cases. 4. Judicial Review and Deletion of Additions: - The CIT(A) in previous years deleted additions in unabated assessments not based on incriminating material. The Tribunal, following judicial precedents, deleted the additions in the current case as well, as they were made without such material. The reliance on the Saumya Construction Pvt. Ltd. case and other judgments supported the decision to allow the appeal. 5. A.Y. 2011-12: - The identical issue for A.Y. 2011-12 was resolved similarly to the A.Y. 2010-11 case, leading to the allowance of the appeal. 6. Combined Result: - Both appeals filed by the assessee were allowed, emphasizing the deletion of additions made without incriminating material in unabated assessments. This detailed analysis highlights the legal proceedings, arguments, judicial precedents, and the ultimate decision to delete the additions based on the absence of incriminating material during the search proceedings.
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