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TMI Blog2022 (5) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... 14 (8) TMI 642 - KARNATAKA HIGH COURT] in the decision rendered in the case of M/s. Delhi International Airport Pvt. Ltd. [ 2021 (11) TMI 928 - KARNATAKA HIGH COURT] wherein the law was explained that in an unabated assessments completed prior to search, there can be no addition in an Assessment under section 153C without material having been found in the course of search. The earlier decisions rendered by the Hon ble Karnataka High Court and other High Courts were duly considered and there is no dispute on this aspect and the fact that the said decision is the law as of today on the subject rendered by the Hon ble Karnataka High Court. We find no grounds to interfere in the order of the CIT(A). Consequently, these appeals by the Revenue ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Hon'ble High Court of Karnataka in the case of M/s Canara Housing Development Co. Ltd. Vs. DCIT 48 Taxmann.com 98 wherein it is held that the assessing authority can take note of the income disclosed in the earlier return or which is not unearthed before the search in order to find out what is the total income of the year. 6. For these and other grounds that may be urged upon, the order of the CIT(A) may be reversed and that assessment order to be restored. 3. The assessee is a company. It carries on business as property developers. The following table gives the details of return of income filed for 2011-12, 2013-14, 2014-15, 2015-16: Sl. No. AY Date of filing of return of income u/s 139(1) Date of assessment and Section 1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... search as assessment under section 153C of the Act was also passed for all these 4 Assessment Years in the case of the assessee. In all these 4 AYs the AO passed order under section 143(3) r.w.s. 153C of the Act in which he adopted the total income as was computed as per the original return filed under section 139(1) of the Act. The total income computed for each of the Assessment Year in the order under section 143(1), first order under section 153C and second order under section 153C of the Act (which is the order under appeal) has been tabulated by the AO in each of the order of Assessment for each Assessment Year and it reads as follows: For Assessment Year 2011-12: Income/ Deductions As per R.I. u/s.139 (In Rs.) As per R.I. u/s.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per 143(3) r.w.s 153C Iln Rs.) Income from Business 39,99,76,522/- 39,99,76,522/- 39,99,76,522/ 39,99,76,522/ Income from house property 9,43,00,296/- 9,43,00,296/- 73,63,76,690 399976522 94300296 Long-term chargeable (a 20% 14,76,10,973/- 14,76,10,973/- - 14,76,10,973/ 14,76,10,973/- Income from other Sources - - - - 94513899 Gross Income 64,18,87,791/- 64,18,87,791/- 73,63,76,690 64,18,87,791/ 736401690 Less: Chapter VIA Deduction 25,000/- 25,000/- 25,000/- 25,000/- Total Income 64,18,62,790 64,18,62,790 736376687 64,18,62,790 73,63,76,690 For Assessment Year 2015-16: Income/ Deductions As per RI. u/s.139 (In Rs.) As per Section 143(1) As per order n/s.143(3) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3983703 13983703 Nil As Per original assessment order 2013-14 899376719 900313771 937052 As Per original assessment order 2014-15 641862791 736376690 94513899 As Per original assessment order 2015-16 384351393 435951592 51600199 As Per original assessment order The CIT(A) held that presence of incriminating material is a sine qua non for invoking the provisions of section 153C in respect of any assessment year, more so in the case of an Assessment Year in respect of which assessment has been completed under sections 143(3) / 143(3) r.w.s. 147 / 143(3) r.w.s. 153A/153C of the Act earlier to the date of initiation of proceedings under section 153C of the Act. The CIT(A) referred to the decision the Hon'ble High Court of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has preferred the present appeals before the Tribunal. 12. We have heard the submissions of the learned DR who reiterated the stand of the Revenue contained in the grounds of appeal filed before the Tribunal. Learned Counsel for the assessee relied on the order of the CIT(A). Considering the rival submissions, we are of the view that the order of the CIT(A) does not call for any interference. Admittedly, none of the additions made in these 4 appeals are based on any incriminating material found in the course of search in the case of M/s. Srinivasa Trust on 23.09.2016. In such a scenario, the additions made in the order of Assessment cannot be sustained. As far as the decision on the Hon'ble Karnataka High Court in the case of Canara Hous ..... X X X X Extracts X X X X X X X X Extracts X X X X
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