2022 (10) TMI 489 - AT - Income Tax

Assessment u/s 153A - Addition u/s 68 - HELD THAT - No assessment or reassessment was pending for any of the years under appeal and the AO in the remand report also has not disputed the aforesaid facts. He has further given a finding that no seized document or material pertaining to A.Y. 2009-10 was found during the course of search and the additions that have been made by the AO are not based on any incriminating material found during the course of search. While deleting the additions, CIT(A) has also placed reliance on the decision in the case of Kabul Chawla 2015 (9) TMI 80 - DELHI HIGH COURT and other decisions cited in the order. Before us, no fallacy in the findings of CIT(A) has been pointed out by Revenue. Further Revenue has also not placed any contrary binding decision in its support. Considering the totality of the aforesaid facts, we find no reason to interfere with the order of CIT(A) and thus the grounds of Revenue are dismissed.

Summary

Issues Involved:
1. Deletion of addition on account of withdrawal of indexation cost while computing Long Term Capital Gain on sale of jewelry and shares.
2. Deletion of addition made under Section 68 of the Income Tax Act on account of unexplained unsecured loans.
3. Deletion of addition under Section 69 on account of unverified loans and advances.
4. Deletion of disallowance under Section 54F on account of long-term capital gain on sales of shares.

Detailed Analysis:

1. Deletion of Addition on Account of Withdrawal of Indexation Cost:
The Revenue contested the deletion of additions made by the Assessing Officer (AO) concerning the withdrawal of indexation cost while computing Long Term Capital Gain on the sale of jewelry and shares. The AO had disallowed the indexation cost due to the absence of documentary evidence proving the purchase of jewelry and shares. However, the Commissioner of Income Tax (Appeals) [CIT(A)] found that no incriminating material was discovered during the search that could justify the disallowance of indexation. The CIT(A) noted that the assessment for the relevant years was not pending and had become final, thus additions could not be made without incriminating evidence. This finding was upheld by the Tribunal, which found no reason to interfere with the CIT(A)'s order.

2. Deletion of Addition Made Under Section 68:
The AO had added Rs. 3,08,09,500/- under Section 68 of the Income Tax Act, citing unexplained unsecured loans due to the assessee's failure to provide necessary confirmations and details. The CIT(A) found that no incriminating material was found during the search that could substantiate the addition of unsecured loans. Furthermore, the CIT(A) noted that the assessments for the relevant years were final and not pending, thus additions could not be made without incriminating evidence. The Tribunal upheld this decision, noting that the Revenue failed to point out any fallacy in the CIT(A)'s findings or provide any contrary binding decision.

3. Deletion of Addition Under Section 69:
For the Assessment Year (A.Y.) 2011-12 and onwards, the AO had added amounts under Section 69 for unverified loans and advances, citing non-existence of entities as indicated by returned postal notices. The CIT(A) deleted these additions, finding no incriminating material during the search to support the AO's conclusions. The Tribunal upheld the CIT(A)'s decision, noting the absence of any pending assessments or reassessments and the lack of incriminating evidence.

4. Deletion of Disallowance Under Section 54F:
For A.Y. 2011-12 and 2012-13, the AO disallowed deductions under Section 54F on the grounds that the assessee owned more than one property. The CIT(A) deleted these disallowances, finding no incriminating material during the search to justify the AO's action. The Tribunal upheld the CIT(A)'s decision, noting the absence of any pending assessments or reassessments and the lack of incriminating evidence.

Conclusion:
The Tribunal dismissed all five appeals filed by the Revenue, upholding the CIT(A)'s decisions to delete the additions made by the AO. The Tribunal found that the CIT(A) had correctly noted the absence of any incriminating material found during the search and the finality of the assessments for the relevant years. The Tribunal also noted that the Revenue failed to provide any contrary binding decisions or point out any errors in the CIT(A)'s findings. Thus, the appeals of the Revenue were dismissed in their entirety.