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2022 (9) TMI 592 - HC - Income TaxValidity of Assessment u/s 153A - Whether addition was not based on incriminating material found during the search? - HELD THAT - This Court finds that both the CIT(A) and the ITAT have given concurrent findings of fact that no incriminating evidence/material had been found during the search. The ITAT also recorded that the present case of the Respondent was of non-abated assessment. In Principal Commissioner of Income Tax vs. Bhadani Financiers Pvt. Ltd . 2021 (9) TMI 902 - DELHI HIGH COURT has held that where the assessment of the Respondents had attained finality prior to the date of search and no incriminating documents or materials had been found and seized at the time of search, no addition could be made under Section 153A of the Act as the cases of the Respondents were of non-abated assessment - no substantial question of law arises for consideration.
Issues involved:
- Challenge to the order of Income Tax Appellate Tribunal regarding addition in assessment order under section 153A of the Income Tax Act, 1961 based on non-incriminating material found during search. - Interpretation of the legal position emerging from Section 153A(1) of the Act and relevant case laws. - Application of the law on abated and non-abated assessments in the context of incriminating material found during search. Analysis: Issue 1: Challenge to ITAT order regarding addition based on non-incriminating material: The appellant filed an Income Tax Appeal challenging the ITAT's order dated 31st July, 2020, which held that an addition not based on incriminating material found during a search cannot be the basis for an assessment order under section 153A of the Income Tax Act, 1961. Both the CIT(A) and the ITAT concurred that no incriminating evidence had been found during the search, leading to the conclusion that no addition under section 68 of the Act was warranted. The judgment referred to the principle laid down in Commissioner of Income Tax vs. Kabul Chawla, summarizing that in the absence of incriminating material, no additions can be made, especially in cases of non-abated assessments. The Court dismissed the appeal, finding no substantial question of law for consideration. Issue 2: Interpretation of legal position under Section 153A(1) of the Act and relevant case laws: The judgment referred to the legal position emerging from Section 153A(1) of the Act, emphasizing that once a search takes place, a notice under Section 153A(1) must be issued to the person searched for the preceding six assessment years. Assessments pending at the time of search shall abate, and the Assessing Officer (AO) will compute the total income for those years afresh. The AO has the power to assess and reassess the total income of the six previous years separately, based on the disclosed and undisclosed income found during the search. The assessment under Section 153A must be made on the basis of seized material, and completed assessments can only be interfered with based on incriminating material unearthed during the search. The judgment also cited a case where it was held that no addition could be made under Section 153A if the assessment had attained finality before the search and no incriminating material was found. Issue 3: Application of law on abated and non-abated assessments in the context of incriminating material: The judgment highlighted the distinction between abated and non-abated assessments in the context of incriminating material found during a search. It emphasized that in cases of non-abated assessments where no incriminating material is discovered, no additions can be made under Section 153A. The Court reiterated that the assessment under Section 153A must be based on seized material and any undisclosed income or property discovered during the search. The judgment concluded that in cases of non-abated assessments with no incriminating material found, no substantial question of law arises, leading to the dismissal of the appeal. This comprehensive analysis of the judgment provides a detailed understanding of the issues involved, the legal principles applied, and the Court's interpretation and application of the law in the context of the specific case.
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