9911796707
TMI Blog2024 (3) TMI 1412X X X X Extracts X X X X X X X X Extracts X X X X ..... on material found in a different search proceedings. There is no rebuttal from revenue on this pertinent aspect. Additions/disallowances have been made without reference to any specific incriminating material/document found as result of search and seizure action u/s 132 and such additions are solely based on certain information/material collected against the assessee in the course of search in another case. Guided by the principles laid down in the case of Abhisar Buildwell (P.) Ltd [2023 (4) TMI 1056 - SUPREME COURT] we find force in the legal plea raised on behalf of the assessee. Hence, in the absence of any incriminating material in an unabated assessment, additions/disallowances made by the AO is unsustainable within the remit of sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 153A of the Act. 4. In the first appeal, the CIT (A) confirmed the action of the Assessing Officer towards additions of Rs. 20 Lakh under Section 68 of the Act and Rs. 5 Lakh under Section 69 of the Act. 5. Aggrieved, the assessee preferred appeal before the Tribunal to assail the action of CIT(A). 6. When the matter was called for hearing, the ld. counsel submitted at the outset that the search was conducted in the present case on 12.11.2014 and the assessment for A.Y. 2012-13 already stood concluded at the time of search and remained unabated. Therefore, the additions made under Section 153A is squarely dependent upon the discovery of any incriminating document in the course of the search in the case of assessee as he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unsustainable in law being outside the scope and ambit of Section 153A in an unabated assessment owing to absence of any incriminating material discovered during the course of search in the case of the assessee. The Ld. Counsel contended that in paragraph 9 of the assessment order, the AO has observed that the alleged unexplained expenditure of Rs. 5 Lakh is vouched from the incriminating material found and seized from the office premises of Sunworld Group. Thus, the alleged incriminating material found from the premises of Sunworld Group cannot provide basis for assumption of power for assessment under Section 153A either. 6.3 The ld. counsel referred to various decisions by the Co-ordinate Bench in identical facts listed hereunder: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing assessment under section 153A, the Revenue is entitled to interfere with unabated assessment which stood concluded either under section 143(1) or under section 143(3) and not pending at the time of search in the absence of any incriminating material unearthed as a result of search in the case of assessee. 9. As pointed out on behalf of the assessee, there is a total absence of reference to any incriminating material which may have any bearing to the impugned additions/disallowances. The Assessing Officer has relied on material found in a different search proceedings. There is no rebuttal from revenue on this pertinent aspect. As a corollary, it is manifest that additions/disallowances have been made without reference to any specific in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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