9911796707
TMI Blog2019 (11) TMI 628X X X X Extracts X X X X X X X X Extracts X X X X ..... e Revenue is hereby dismissed. - ITA No.5870/Del./2014 (Assessment Year: 2005-06) - - - Dated:- 29-7-2019 - SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER Assessee By: Shri Piyush Kaushik, Advocate And Shri Ajay Bhagwani, FCA Revenue By: Shri J.K. Mishra, CIT DR ORDER PER KULDIP SINGH, JUDICIAL MEMBER : Appellant, Central Circle 23, New Delhi (hereinafter referred to as the Revenue ) by filing the present appeal sought to set aside the impugned order dated 14.07.2014 passed by the Commissioner of Income-tax (Appeals)-XXXIII, New Delhi qua the assessment year 2005-06 on the grounds inter alia that :- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Revenue has come up before the Tribunal by way of filing the present appeal. 4. We have heard the ld. Authorized Representatives of the parties to the appeal, gone through the documents relied upon and orders passed by the revenue authorities below in the light of the facts and circumstances of the case. 5. Ld. DR for the Revenue challenging the impugned order relied upon the order passed by the AO. However, on the other hand, ld. AR for the assessee contended that the issue in controversy is covered in favour of the assessee by the order passed by the coordinate Bench of the Tribunal in the group case titled as ACIT, CC-23, New Delhi vs. Shri Gobind Gulati in ITA No.5967/Del/2014 order dated 30.05.2018 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. Before the ld. CIT (A), it was challenged that the impugned addition made by the Assessing Officer is not based on any incriminating material found during the course of search, and therefore, the impugned addition is beyond the scope of Section 153A, because the assessment for the Assessment Year 2005-06 had attained finality much before the date of search. Reliance was placed on catena of decisions which has been noted by the ld. CIT (A) in the impugned order. Ld. CIT (A) has deleted the addition on the ground that, since there is no incriminating material found in the course of search, therefore, addition cannot be made u/s.153A. The relevant finding of the ld. CIT (A) is reproduced hereunder:- I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned with a case where no incriminating material was found during the search conducted during under section 132 of the Act. We, therefore, express no opinion as to whether section 153A can he invoked even in such a situation. That question is therefore left open. In present case, apparently there is no incriminating seized incriminating document for any of the assessment year covered u/s 153 A. Therefore, the decision in the case of Anil Kumar Bhatia does not empower the assessing officer to make the addition u/s 153A. Hon ble ITAT, Delhi in series of decision relied by Ld. AR such Parivar Properties (P) Ltd. PACL India Ltd., M/s. Marigold Merchandise (P) Ltd. Cited supra after considering the decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt in the case of CIT vs. Kabul Chawla, reported in (2016) 380 ITR 573 (Del.) after considering catena of decision has held that if in relation to any Assessment Year, no incriminating material is found then no addition or disallowance can be made in relation to that Assessment Year in exercise of power u/s.153A. This principle has been reiterated by the Hon'ble Jurisdictional High Court in the case of Pr.CIT vs. Meeta Gutgutia, reported in (2017), 395 ITR 526 and again in the case of Pr.CIT vs. Best Infrastructure (India) Pvt. Ltd. (2017) 84 taxmann.com 287 (Del.). In view of the binding judicial precedent of the Hon'ble Jurisdictional High Court, we hold that no addition can be roped in the assessment made u/s.153A in absence of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
