2019 (10) TMI 651 - AT - Income Tax

Assessment u/s 153A - validity of the assessment framed in the absence of any incriminating material found - HELD THAT - We have gone through the order of the CIT(A) and have noted that the assessee had raised an additional ground before him vis- -vis the validity of the Assessment framed in the absence of any incriminating material found during the course of search. We have also noted that the assessee had made submissions in this regard also and have referred to various judicial decisions also. CIT(A) on this ground raised we find that the CIT(A) had not dealt with the issue at hand. There is no finding whether there was any incriminating material found or not during the course of search relating to the issue on which addition was made. There is no discussion in his order as to how the order was validly passed on the contention raised by the CIT(A). CIT(A), we find, has only reiterated his findings on the merits of the case. In view of the same, we consider it fit to restore the issue back to the CIT(A) to adjudicate the same afresh after going through the facts of the case giving specific findings on the issue. CIT(A) is directed to pass a speaking order.

Summary

Issues Involved:
1. Validity of assessment framed without incriminating material found during search.
2. Addition of long-term capital gain.
3. Addition of opening cash in hand.

Issue 1: Validity of assessment framed without incriminating material found during search

In the case concerning assessment year 2008-09, the assessee challenged the addition made by the Assessing Officer on the ground of long-term capital gain without any incriminating material found during the search. The assessee contended that the claim for deduction on expenses was denied due to lack of substantiation. The Assessing Officer objected to the additional ground raised by the appellant, arguing that it was strongly objected as the assessment was completed under section 153A of the Income Tax Act, 1961. The Commissioner of Income Tax (Appeals) dismissed the additional grounds of appeal, stating that the assessee failed to provide evidence to support the expenses claimed. The Tribunal noted that the Commissioner did not address whether incriminating material was found during the search, and the order lacked a specific finding on this crucial issue. Consequently, the Tribunal directed the issue to be reconsidered by the Commissioner after a thorough examination of the facts and providing a speaking order. The Tribunal emphasized that the legal ground challenging the validity of the assessment should have been addressed before delving into the merits of the case. As a result, the appeal was allowed for statistical purposes.

Issue 2: Addition of long-term capital gain

The appeal for assessment year 2005-06 raised similar issues as in the previous case. The assessee contested the addition of opening cash in hand, arguing that no incriminating material was discovered during the search conducted. The Commissioner of Income Tax (Appeals) upheld the addition without addressing the absence of incriminating material. Given the similarity in issues with the previous appeal, the Tribunal applied the decision from the assessment year 2008-09 case to this appeal as well. Consequently, the appeal was allowed for statistical purposes.

In conclusion, both appeals by the assessee were allowed for statistical purposes, emphasizing the importance of addressing legal grounds challenging the validity of assessments framed without any incriminating material found during searches. The Tribunal highlighted the necessity for specific findings on such critical issues to ensure a fair and just decision-making process in tax matters.