2017 (12) TMI 752 - HC - Income Tax

Addition u/s 68 - assessment u/s 153A - Held that - It was noticed by the Income Tax Appellate Tribunal (ITAT) that in the course of the search proceedings, nothing incriminating was found in the premises, which could have led to the additions made. On the contrary, in some of these Appeals, the Assessee s Returns, originally filed, had been scrutinized under Section 143(3) of the Act and the declarations with respect to share capital and/or unsecured creditors were accepted. As a consequence, applying the ratio in Commissioner of Income Tax versus Kabul Chawla, (2015 (9) TMI 80 - DELHI HIGH COURT ), the ITAT deleted the amounts brought to tax under Section 68 of the Act. Since Kabul Chawla (supra) was the decision rendered by the Division Bench of this Court and the ITAT merely followed it, this Court is of the opinion that no substantial question of law arises. - Decided against revenue

Summary

Issues:
1. Taxation under Section 68 of the Income Tax Act, 1961 for Assessment Years 2003-2004 to 2005-2006.
2. Transfer of cases under Section 127 of the Income Tax Act, 1961.
3. Confirmation of additions made under Section 68 by the Assessing Officer.
4. Deletion of amounts brought to tax under Section 68 by the ITAT based on the Kabul Chawla case.
5. Determination of substantial question of law based on the Kabul Chawla case.

Analysis:

1. The judgment deals with appeals where the Assessing Officer had taxed various amounts under Section 68 of the Income Tax Act, 1961 for Assessment Years 2003-2004 to 2005-2006. The Assesses received notices under Section 153C after a search at the premises of a third party, the Rajdarbar Group, in 2008.

2. The cases of the Assesses were transferred under Section 127 of the Income Tax Act, 1961, and they received notices in 2010. The CIT (Appeals) confirmed the additions made under Section 68 by the Assessing Officer. However, the ITAT found that nothing incriminating was discovered during the search that could justify the additions. In some cases, the Assesses' original returns were scrutinized under Section 143(3) of the Act, and the declarations regarding share capital and unsecured creditors were accepted.

3. Following the precedent set in the case of Commissioner of Income Tax versus Kabul Chawla, the ITAT decided to delete the amounts brought to tax under Section 68 of the Act. Since the ITAT merely followed the Kabul Chawla case, the Court held that no substantial question of law arose and dismissed the appeals.

4. The judgment highlights the importance of legal precedents and the application of established principles in tax matters. It underscores the significance of consistency in judicial decisions and the reliance on past judgments to maintain coherence in the interpretation and application of tax laws.