2018 (1) TMI 804 - AT - Income Tax

Validity of proceedings under section 153A - no incriminating material found from the premises of the assessee - Held that - No addition could have been made in the instant assessment year in absence of any incriminating material found from the premises of the assessee. See Principal CIT, Central-2, New Delhi Vs. Subhash Khattar 2017 (7) TMI 1091 - DELHI HIGH COURT - Decided in favour of assessee.

Summary

Issues Involved:
1. Legality of the addition made under section 153A of the Income-tax Act, 1961.
2. Merit of the addition made based on material found during the search.

Detailed Analysis:

Legality of the Addition:
The primary legal issue was whether any addition could be made under section 153A of the Income-tax Act, 1961, without any incriminating material found from the premises of the assessee. The Tribunal examined the relevant provisions and noted that no incriminating material was found during the search at the assessee's premises. The Tribunal cited the case of Kabul Chawla, where it was held that in case of completed assessments, no addition could be made without any incriminating material found during the search. The Tribunal confirmed that the original return of income was filed on 27/07/2007, and no assessment under section 143(3) was made, thus no assessment proceedings were pending as on the date of the search. Therefore, the Tribunal concluded that the addition made under section 153A was not valid.

Merit of the Addition:
On the merit of the addition, the Tribunal analyzed the material seized from the premises of the AEZ Group, which included Excel files indicating cash investments. The Tribunal noted that the assessee denied any cash investment, and no corroborative evidence was found at the assessee's premises. The Tribunal referenced the case of Subhash Khattar, where it was held that huge additions cannot be made without corroborative evidence. The Tribunal found that the addition was based solely on the material found at a third-party premises, which is not sufficient for making an addition in the hands of the assessee without corroborative evidence. Consequently, the Tribunal decided in favor of the assessee, stating that no addition could be made on the basis of the material found at the premises of a third party without any incriminating material found at the assessee's premises.

Conclusion:
The Tribunal allowed the appeal of the assessee, concluding that both the legal grounds and the merit of the addition were not justified. The decision was pronounced in the open court on 16th January 2018.