2015 (4) TMI 545 - AT - Income Tax

Tribunal quashes proceedings under Income Tax Act, finds initiation for earlier years invalid

The Tribunal quashed the proceedings initiated under Section 153C of the Income Tax Act and the consequent assessment orders for the assessment years ... Validity of proceedings u/s 153 - Held that:- After considering the satisfaction note and the assessment order of the AO for AY 2009-10, it is evident that the seized document belonged to AY 2009-10 and not to AY 2005-06 & 2006-07. Therefore, in our opinion, there is no necessity of sending the matter back to the file of AO for verification of the year to which the seized document belonged. In view of above, we respectfully following the decisions of Hon’ble Jurisdictional High Court in the case of SSP Aviation Ltd. (2012 (4) TMI 335 - DELHI HIGH COURT ) and Devi Dayal Petro Chemical Pvt. Ltd. (2014 (10) TMI 216 - ITAT DELHI), hold that the proceedings u/s 153C was not validly initiated for AY 2005-06 and 2006-07 because the seized document did not belong to these assessment years. We, therefore, quash the proceedings initiated u/s 153C and consequently assessment orders passed in pursuance thereof. - Decided in favour of assessee. Issues Involved:1. Validity of proceedings initiated under Section 153C of the Income Tax Act.2. Relevance of seized documents to the assessment years under consideration.3. Application of judicial precedents in determining the validity of the proceedings.Detailed Analysis:Issue 1: Validity of proceedings initiated under Section 153C of the Income Tax ActGround no. 2 of the assessee's appeals challenges the initiation of proceedings under Section 153C, asserting that no document belonging to the assessee company was found from the premises of the searched person, thus rendering the proceedings without jurisdiction. The assessee's counsel argued that the documents seized during the search operation on 5-1-2009 in the Taneja-Puri group of cases pertained to the assessment year 2009-10, and additions based on these documents were already made for that year. Therefore, the initiation of proceedings under Section 153C for the years under consideration (2005-06 and 2006-07) was invalid.Issue 2: Relevance of seized documents to the assessment years under considerationThe satisfaction note recorded by the AO indicated that pages 19 to 23 of Annexure A-7, found during the search, belonged to the assessee. The assessment order for AY 2009-10 discussed these documents, which detailed the actual sale consideration for various shops in TDI Centre. The AO made an addition of Rs. 7,96,70,780/- for AY 2009-10 based on these documents. As the seized documents were relevant to AY 2009-10 and not to AY 2005-06 or AY 2006-07, the Tribunal found that the proceedings under Section 153C for the years under appeal were not valid.Issue 3: Application of judicial precedents in determining the validity of the proceedingsThe Tribunal referred to the case of Devi Dayal Petro Chemical Pvt. Ltd., where it was held that proceedings under Section 153C could only be initiated for the years to which the seized documents belonged. The Tribunal also relied on the decision of the Hon'ble Jurisdictional High Court in SSP Aviation Ltd., which emphasized that the AO must verify whether the transactions reflected by the seized documents were duly accounted for in the books of account. If the transactions were accounted for, the proceedings should be dropped. Since the seized documents in the present case pertained to AY 2009-10, the Tribunal concluded that the proceedings under Section 153C for AY 2005-06 and 2006-07 were invalid.The Tribunal quashed the proceedings initiated under Section 153C and the consequent assessment orders for AY 2005-06 and 2006-07. As the assessment orders were quashed, the other grounds raised by the assessee against the additions made in the order under Section 153C did not survive for adjudication. In conclusion, the assessee's appeals were allowed.Order Pronounced:Order pronounced in open court on 01/04/2015.