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2024 (5) TMI 779 - HC - Income TaxValidity of assessments framed u/s 153C r.w.s.153A - whether the documents based on which satisfaction was formed by the AO u/s 153C belong to the assessee or not? - ITAT justification in cancelling the assessments framed u/s153C - Appellant as argued ITAT appears to have essentially proceeded on the basis that action could have been initiated u/s 153C of the Act only if the material gathered in the course of the search belongs to the non-searched entity. HELD THAT - We, however, find that notwithstanding the above, the ITAT has ultimately come to record a factual finding that the material which was gathered in that search had no co-relation with the respondent/ assessee. It is in the aforesaid basis that tested either on the anvil of belong / belongs to or pertains / pertain to , the view as ultimately expressed would not merit any interference. No substantial question of law.
Issues involved:
The issues involved in this case are related to the jurisdiction under section 153C of the Income Tax Act, 1961, cancellation of assessments framed under section 153C read with section 153A, consideration of documents forming the basis for satisfaction by the Assessing Officer, quashing the order of the Assessing Officer on legal grounds, deletion of undisclosed investment addition, and the identification of the person to whom the seized material belongs. Jurisdiction under Section 153C: The Principal Commissioner of Income Tax challenged the order of the Income Tax Appellate Tribunal (ITAT) regarding the jurisdiction under section 153C of the Act. The ITAT examined the validity of the action initiated under Section 153C and observed that the documents seized during the search did not belong to the appellant company. The ITAT concluded that the proceedings initiated under section 153C were not in accordance with the law and subsequently canceled the assessment under section 153C read with section 153A. Documents Considered for Jurisdiction: The Assessing Officer formed his belief under section 153C based on seized documents, including an agreement to sell and a sale deed. However, the ITAT found that the unsigned agreement to sell did not bear the name of the appellant company and the consideration in the sale deed was not linked to the agreement. The ITAT also noted discrepancies in the cheques mentioned in the documents, which were not reflective of the transactions mentioned in the sale deed. The ITAT emphasized that the documents seized did not establish a connection with the appellant company, leading to the cancellation of the assessment under section 153C. Legal Grounds and Undisclosed Investment: The ITAT focused on legal aspects and factual discrepancies in the documents to quash the order of the Assessing Officer. Additionally, the ITAT deleted the addition of Rs. 3,16,01,800 made by the Assessing Officer on account of undisclosed investment. The ITAT's decision was based on the lack of evidence linking the seized documents to the appellant company and the absence of substantial questions of law justifying interference with the ITAT's findings. Identification of Seized Material Owner: The ITAT highlighted the importance of establishing ownership or belonging concerning seized documents under section 153C. The ITAT emphasized that the seized documents should demonstrate a connection or ownership interest with the assessee for proceedings under section 153C to be valid. The ITAT concluded that the documents seized during the search did not belong to the appellant company, leading to the cancellation of the assessment under section 153C read with section 153A. Conclusion: The High Court dismissed the appeal, stating that the ITAT's findings regarding the lack of correlation between the seized material and the appellant company did not warrant interference. The Court upheld the ITAT's decision to cancel the assessment under section 153C, emphasizing the importance of establishing ownership or belonging in cases involving seized documents for initiating proceedings under the Income Tax Act.
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