2018 (1) TMI 1500 - AT - Income Tax

Revenue's appeal dismissed due to lack of incriminating material. Decision based on Income Tax Act & Bombay High Court precedent.

The Tribunal dismissed the Revenue's appeal challenging the deletion of the addition of on money received on the sale of flats. The decision was based on ... Assessment u/s 153A - addition to income - proof of incriminating material found - HELD THAT:- The reference to the statement of employees, etc. collected at the time of search, which has been referred to in the stated Grounds of appeal before us, has already been considered by our co-ordinate Bench in its order [2017 (6) TMI 585 - ITAT MUMBAI] and it has been held that the same does not justify the inclusion of impugned addition in an assessment made u/s 153A r.w.s. 143(3) of the Act having regard to the judgment in the case of All Cargo Global Logistics Ltd. [2015 (5) TMI 656 - BOMBAY HIGH COURT] In view of the similarity of facts, in the instant case also, we hereby affirm the order of the CIT(A), which is in line with the ratio laid down by the Hon'ble Bombay High Court in the case of All Cargo Global Logistics Ltd. (supra). - Decided against revenue Issues:1. Addition of on money received on sale of flats2. Interpretation of provisions under section 153A r.w.s 143(3) of the Income Tax Act, 19613. Application of judicial precedents from different High CourtsIssue 1: Addition of on money received on sale of flatsThe appeal by the Revenue challenged the deletion of an addition of on money of Rs. 2,70,60,000 received on the sale of flats. The Revenue contended that the addition was based on incriminating material found during a search, specifically statements of key employees. However, the CIT(A) deleted the addition, citing the absence of incriminating material related to the appellant seized during the search. The CIT(A) emphasized that the addition was not supported by any material found during the search, leading to the deletion of the addition. The Tribunal affirmed the CIT(A)'s decision, stating that the impugned addition lacked a basis in incriminating material found during the search, in line with the judgment of the Hon'ble Bombay High Court.Issue 2: Interpretation of provisions under section 153A r.w.s 143(3) of the Income Tax Act, 1961The Tribunal analyzed the provisions under section 153A r.w.s 143(3) of the Income Tax Act, 1961. It noted that the assessment for the relevant year was not pending at the time of the search, and thus, the original assessment did not abate. Therefore, any addition in the subsequent assessment under section 153A had to be based on or connected to incriminating material found during the search. The Tribunal emphasized that the impugned addition lacked a connection to any material or evidence found during the search, leading to the deletion of the addition by the CIT(A) and subsequently affirmed by the Tribunal.Issue 3: Application of judicial precedents from different High CourtsThe Tribunal considered the application of judicial precedents from different High Courts. While the Revenue cited judgments from the Hon'ble Kerala High Court to support its position, the Tribunal deemed the judgment of the Hon'ble Bombay High Court, specifically in the case of All Cargo Global Logistics Ltd., as directly applicable to the case at hand. The Tribunal upheld the CIT(A)'s decision to delete the addition based on the principles established in the Bombay High Court's judgment. The Tribunal dismissed the Revenue's appeal, affirming the CIT(A)'s decision based on the binding precedent of the Hon'ble Bombay High Court.In conclusion, the Tribunal dismissed the Revenue's appeal challenging the deletion of the addition of on money received on the sale of flats. The decision was based on the absence of incriminating material found during the search to support the addition, in accordance with the provisions of section 153A r.w.s 143(3) of the Income Tax Act, 1961 and the binding precedent set by the Hon'ble Bombay High Court.