2022 (12) TMI 1359 - AT - Income Tax

Assessment u/s 153C - Addition based on documents impounded during the course of survey under Section 133A - Addition u/s 69C - HELD THAT - Evidences and documents based on which the addition is made were impounded from the place where survey action took place. Further, order u/s 133A (3)(ia) was also passed by the learned Assessing Officer on 2nd August, 2014, which clearly shows that the documents were impounded during the course of survey. There is no order required to be passed under Section 133A of the Act if the documents are found and seized during the course of search. Thus, apparently, the addition has been made in the hands of the assessee on the basis of material found during the course of survey and not search. The factual report submitted by AO which also say so. Performa for recording satisfaction note under Section 153C in column no.5 (b) of the Act which shows description of the seized material also says that the material is impounded during the course of survey. In proforma, relevant details in Panchanama in column no. 5(d), the details of impounding order dated 2nd August, 2014 is mentioned. Further also it is clear that all the additions made in the hands of the assessee were arising out of the documents impounded during the course of survey under Section 133A. Thus, no material was found during the course of search based on which addition u/s 153C of the Act is made. Merely because search and survey are carried out simultaneously at several places, material found during the course of survey does not authorize the LD AO to make assessment u/s 153C - Decided in favour of assessee.

Summary

Issues:
Challenging jurisdiction under Section 153C of the Income-tax Act, 1961 for framing assessment orders, validity of assessment orders passed under Section 143(3) read with section 153C, impounded documents during survey under Section 133A vs. seized documents during search under Section 132, sustainability of assessment orders for A.Y. 2011-12 to 2014-15.

Analysis:

Jurisdictional Challenge and Validity of Assessment Orders:
The appellant challenged the invocation of Section 153C for framing assessment orders under Section 143(3) for A.Y. 2011-12 to 2014-15, arguing that incriminating documents impounded during a survey under Section 133A, not seized during a search under Section 132, were the basis. The Tribunal admitted the additional ground as it pertained to a jurisdictional issue without requiring further factual investigation. The appellant contended that the assessment should have been under Section 143(3) or 147, not 153C, due to the absence of seized documents. The Departmental Representative argued that documents found during simultaneous search and survey authorized Section 153C assessment. The Tribunal noted the impounded documents formed the basis of additions under Section 69C, not from a search, leading to the quashing of assessment orders for all years.

Sustainability of Assessment Orders:
The Tribunal analyzed the factual reports, satisfaction notes, and impounding orders, concluding that the impounded documents during the survey were the sole basis for additions under Section 69C for all years. As no material seized during a search supported the Section 153C assessment, the orders were deemed unsustainable and subsequently quashed. The Tribunal emphasized the importance of distinguishing between documents seized during a search and those impounded during a survey for invoking Section 153C.

Conclusion:
The Tribunal allowed the appeals, quashing the assessment orders for A.Y. 2011-12 to 2014-15 due to the lack of seized documents during a search, rendering the Section 153C assessments unsustainable. The additional ground raised by the appellant challenging the jurisdiction under Section 153C was admitted and upheld, leading to the favorable outcome for the assessee. The Tribunal's detailed analysis highlighted the critical distinction between documents seized during a search and those impounded during a survey, crucial in determining the validity of assessment orders under the Income-tax Act, 1961.