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2013 (10) TMI 764 - AT - Income TaxScope of assessment u/s 153A - Assessment u/s 153A on the basis of materials outside search Held that - The company is represented through its Directors, therefore, material found at the residence of the Director is relevant and has to be considered for making the assessments u/s 153A - Wherever the issues have been considered u/s 143(3) and the assessment has been concluded prior to the initiation of the search the scope of assessment remains limited to the search material and other issues not considered at the time of making the assessment u/s 143(3) of the Act. In the instant case, assessment was made u/s 144 of the Income-tax Act, 1961 on 09.12.2009. The same was held invalid as there was a search operation at the premises of the assessee on 31.07.2008. In view of the provisions of section 153A, the pending assessments abate. The order passed u/s 144 was against the law Decided against the Revenue. Non-admission of additional evidence u/r 46A of the Income Tax Rules Held that - All seized material was available to Assessing Officer - Evidences relied upon by the CIT (A) were also available in seized material which was in the possession of the Assessing Officer - Thus, there was no fresh evidence filed before the CIT (A) which could be considered for violation of Rule 46A of Income-tax Rules Decided against the Assessee.
Issues Involved:
1. Deletion of addition of commission by CIT(A) in contravention of Rule 46A. 2. Deletion of disallowance of interest by CIT(A) in contravention of Rule 46A. 3. Deletion of addition made under Section 68 of the Income Tax Act. 4. Validity of assessment order passed under Section 144 of the Income Tax Act. 5. Sustenance of addition under Section 69C of the Income Tax Act. Detailed Analysis: 1. Deletion of Addition of Commission by CIT(A) in Contravention of Rule 46A: The revenue contended that the CIT(A) erred in deleting the addition of Rs.89,51,418/- made by the Assessing Officer by admitting additional evidence in contravention of Rule 46A of the Income Tax Rules, 1962. The assessee argued that no fresh evidence was submitted before CIT(A) and all material was already available to the Assessing Officer. The Tribunal found that the evidence relied upon by CIT(A) was part of the seized material already in possession of the Assessing Officer, thus no fresh evidence was admitted. The Tribunal held that there was no violation of Rule 46A and dismissed the revenue's plea. 2. Deletion of Disallowance of Interest by CIT(A) in Contravention of Rule 46A: The revenue challenged the deletion of disallowance of interest of Rs.23,37,215/- made by the Assessing Officer, arguing that CIT(A) admitted additional evidence in contravention of Rule 46A. The assessee countered that all relevant documents were already in possession of the Assessing Officer. The Tribunal observed that the details of interest-free funds were available with the Assessing Officer and no fresh evidence was admitted by CIT(A). The Tribunal upheld the CIT(A)'s decision, finding no contravention of Rule 46A. 3. Deletion of Addition Made Under Section 68 of the Income Tax Act: The revenue appealed against the deletion of addition of Rs.54,51,00,877/- made by the Assessing Officer under Section 68. The assessee argued that the addition was made in an illegal assessment under Section 144, which was null and void due to the search operation. The Tribunal noted that the necessary details and confirmations were submitted by the assessee, and the Assessing Officer ignored these while making the addition. The Tribunal upheld CIT(A)'s decision to delete the addition, stating that the assessment under Section 144 was void and the addition under Section 68 was not justified. 4. Validity of Assessment Order Passed Under Section 144 of the Income Tax Act: The assessee contended that the assessment under Section 144 was invalid due to the search operation conducted under Section 132. The Tribunal agreed, noting that the assessment under Section 144 was made ex-parte without considering the search operation, thus rendering it null and void. The Tribunal upheld the CIT(A)'s decision to quash the assessment under Section 144. 5. Sustenance of Addition Under Section 69C of the Income Tax Act: The assessee challenged the addition of Rs.5,99,130/- under Section 69C for commission paid out of books. The CIT(A) had granted partial relief by reconciling the differences in the amounts. The Tribunal found that the issue was covered by its decision in the assessee's own case for the previous year, where it was held that no addition could be made merely on the basis of certain correspondences without corroborative evidence. The Tribunal upheld the CIT(A)'s decision to sustain the addition of Rs.5,99,130/-. Conclusion: The Tribunal dismissed the revenue's appeal, partly allowed the assessee's appeal, and allowed the cross-objection filed by the assessee. The Tribunal upheld the CIT(A)'s decisions on all contested issues, finding no contravention of Rule 46A and validating the deletions and additions made by CIT(A).
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