| The Tax Publishers2020 TaxPub(DT) 0509 (Ahd-Trib) INCOME TAX ACT, 1961
Section 153A
Where no any incriminating material is found during the course of search, the statute does not confer any power on AO to disturb the findings given thereon and fresh assessments were to be framed by AO under section 153A which would have a bearing on the determination of total income by considering all the aspects, wherein the existence of incriminating materials do not have any relevance, therefore, disallowances could not be made.
|
Search and seizure - Assessment under section 153A - Proof of incriminating materials found during search - Validity of
A search and seizure operation was conducted under section 132 in case of a group concern which also included the premises of assessee. Accordingly, the case of assessee was also covered under search assessment under section 153A. Assessment was framed under section 153A/143(3) after making certain additions. However, CIT(A) held that there was no incriminating documents found during the search with respect to the additions made by AO and deleted the addition made by AO. Held: Time permitted under the statute for selecting the case under scrutiny was up to 30-9-2012 but there was no notice issued for the scrutiny assessment. In case of Krishna Kumar Singhania v. DCIT ((2018) 88 taxmann.com 259 (Kol-Trib) : 2018 TaxPub(DT) 0200 (Kol-Trib)) it was held that unless there was any incriminating material found during the course of search, the statute does not confer any power on AO to disturb the findings given thereon. In respect of abated assessments, fresh assessments were to be framed by AO under section 153A which would have a bearing on determination of total income by considering all the aspects, wherein existence of incriminating materials do not have any relevance. Disallowances could not be made in the search assessments in absence of any incriminating material found and accordingly, AO was directed to delete the addition.
REFERRED : Pr. CIT v. Saumya Construction Pvt. Ltd. (2016) 387 ITR 529 (Guj) : 2016 TaxPub(DT) 3466 (Guj-HC) CIT v. Kabul Chawla (2015) 380 ITR 573 (Del) : 2015 TaxPub(DT) 3486 (Del-HC) Jai Steel (India) v. Asstt. CIT (2013) 259 CTR 0281 (Raj) : 2013 TaxPub(DT) 1647 (Raj-HC) Krishna Kumar Singhania & Ors. v. DCIT (2018) 88 taxmann.com 259 (Kol-Trib) : 2018 TaxPub(DT) 0200 (Kol-Trib) Vijaykumar D Agarwal & Ors. v. Dy. CIT [IT(SS)A Nos.153, 154, 155 & 156, 160, 161, 162 & 163, 167, 168, 169 & 170/Ahd/2012, IT(SS)A Nos.174, 175 & 176/Ahd/2012, IT(SS)A Nos.180, 181, 182 & 183/Ahd/2012, IT(SS)A Nos.187, 188, 189 & 190/Ahd/2012, IT(SS)A Nos.194 & 195/Ahd/2012, dt. 29-4-2016]
FAVOUR : In assessee's favour
A.Y. :
IN THE ITAT, AHMEDABAD BENCH
 SUBSCRIBE FOR FULL CONTENT
|