2021 (7) TMI 590 - HC - Income Tax

Assessment u/s 153C - search action u/s 132 - addition made on estimated receipts from the customers for getting vehicle registered - HELD THAT - In assessee's case survey was conducted.No incriminating document was found in this assessee's case for the relevant assessment years. No evidence was collected from any customer which can be a direct and best evidence in this regard.Books of accounts of assessee have not been either rejected or found defective. No evidence was found releable with assessee's case directly from the assessee or on the basis of which any estimation u/s 153C can be done. In this back drop, both CIT(A) and ITAT deleted the additions made by the Assessing Officer for the assessment years 2003-2004, 2004-2005, 2005-2006, 2006-2007 and 2007-2008.

Summary

Issues:
1. Appeal against orders of Income Tax Appellate Tribunal for assessment years 2003-2008.
2. Addition made on account of registration of new vehicles and RTO expenses.
3. Deletion of additions by CIT(A) and ITAT.
4. Substantial questions of law raised by the revenue.

Analysis:
1. The appeals were filed against the orders of the Income Tax Appellate Tribunal 'D' Bench, Chennai for the assessment years 2003-2008. The Respondent, engaged in the sale and service of vehicles and trading of petroleum products, underwent a search action under Section 132 of the Income Tax Act, 1961. Notices were issued under Section 153C for the assessment years, and assessments were completed by the assessing officer, resulting in additions to the taxable income and tax demands for each year.

2. The CIT(A) held that additions should be supported by proper seized materials or corroborating circumstantial evidence. The department appealed to the Appellate Tribunal, challenging the CIT(A)'s decision. The Tribunal considered a similar issue involving the assessee's sister concern and deleted the addition made on estimated receipts for vehicle registration. The revenue filed the present appeals based on substantial questions of law related to the deletion of these additions.

3. The concurrent findings of the CIT(A) and ITAT revealed that no incriminating documents were found, no direct evidence was collected from customers, and the books of accounts were not rejected or found defective. As a result, both the CIT(A) and ITAT deleted the additions made by the assessing officer for all the assessment years in question. Since the decisions were fact-based, no substantial questions of law were found, leading to the dismissal of the appeals.

4. The substantial questions of law raised by the revenue included whether the Tribunal was correct in deleting the additions on registration expenses, considering the lack of incriminating documents, and due to the commonalities among group concerns. The arguments presented by the parties were considered, and the decisions of the CIT(A) and ITAT were upheld based on the absence of concrete evidence supporting the additions made by the assessing officer. Consequently, the appeals were dismissed with no costs incurred.