2016 (7) TMI 817 - AT - Income Tax

Assessments under Section 153A invalidated for lack of incriminating material

The Tribunal held that assessments made under Section 153A without incriminating material found during the search were invalid. The Tribunal quashed the ... Aassessments made u/s. 153A - addition to income - Held that:- In the light of the documents found at the time of search which may be considered as incriminating for making the impugned assessments. Surprisingly, there is not even a whisper of any incriminating material found at the time of search which could be considered as the basis for framing assessments u/s. 153A of the Act. As, there is no alleged incriminating material which could have prompted the A.O. to disturb the concluded assessment. Therefore, we do not find any legality in the assessments so made by the A.O. We have no hesitation to set aside the findings of the ld. CIT(A) and direct the A.O. to delete the impugned additions from the hands of the aforementioned assessees made u/s. 153A of the Act in the respective assessment years mentioned hereinabove - Decided in favour of assessee. Issues Involved:1. Validity of assessment orders made under Section 153A read with Section 143(3) of the Income Tax Act.2. Examination of gifts received by the assessees and their treatment as unexplained cash credit.3. The necessity of incriminating material found during the search for reopening completed assessments under Section 153A.4. Interpretation of the scope of Section 153A regarding assessments of six previous years.5. Determination of whether the time limit for issuing notice under Section 143(2) affects the status of completed assessments.Detailed Analysis:1. Validity of Assessment Orders Made Under Section 153A Read with Section 143(3):The appeals challenged the validity of assessment orders made under Section 153A read with Section 143(3) of the Income Tax Act. The assessees argued that the assessments were invalid as they were framed without any incriminating material found during the search. The Tribunal noted that the assessments in question were completed before the search, and no incriminating material was discovered during the search to justify reopening these assessments. The Tribunal relied on the judgment of the Hon'ble Bombay High Court in the case of Continental Warehousing Corporation, which held that completed assessments could not be reopened unless incriminating material was found during the search.2. Examination and Treatment of Gifts as Unexplained Cash Credit:During the assessment proceedings, the gifts received by the assessees were scrutinized. The assessees provided detailed explanations regarding the genuineness of the gifts, including the identities of the donors, the genuineness of the transactions, and the creditworthiness of the donors. However, the Assessing Officer (A.O.) did not accept these explanations, believing there was no relationship between the donors and the donees, and thus treated the gifts as unexplained cash credit, resulting in additions to the income of the assessees.3. Necessity of Incriminating Material for Reopening Completed Assessments:The Tribunal emphasized that for completed assessments, reopening under Section 153A requires the presence of incriminating material found during the search. The Tribunal referenced several judgments, including the Bombay High Court's decision in Continental Warehousing Corporation and the Delhi High Court's decision in Kabul Chawla, which established that without incriminating material, the Assessing Officer cannot disturb the completed assessments.4. Scope of Section 153A Regarding Assessments of Six Previous Years:The Tribunal discussed the scope of Section 153A, noting that it mandates the issuance of notices for six assessment years preceding the year of the search. The Tribunal clarified that while the Assessing Officer has the power to assess and reassess the total income for these years, such assessments should be based on incriminating material found during the search. The Tribunal reiterated that completed assessments can only be interfered with if incriminating material is discovered.5. Impact of Time Limit for Issuing Notice Under Section 143(2):The Tribunal examined whether the expiry of the time limit for issuing notice under Section 143(2) affects the status of completed assessments. The Tribunal referred to the case of PACL India Ltd., where it was held that once the time limit for issuing notice under Section 143(2) has expired, the assessment is considered completed and can only be reopened under Sections 148 or 263 of the Income Tax Act. The Tribunal concluded that in the absence of incriminating material, the completed assessments cannot be reopened under Section 153A.Conclusion:The Tribunal found that the assessments made under Section 153A were illegal and bad in law as they were not based on any incriminating material found during the search. The Tribunal quashed the assessment orders and directed the deletion of the additions made by the A.O. Consequently, the appeals by the assessees were allowed. The Tribunal did not find it necessary to address the merits of the individual additions made by the A.O. since the assessments themselves were deemed invalid.