2019 (12) TMI 1227 - AT - Income Tax

Tribunal rules in favor of assessee, dismissing Revenue's appeals. Assessments under Section 153A/153C deemed invalid.

M/s. Matha Enterprises, M/s. Best Bakery & Ice Cream Parlour, Versus The Assistant Commissioner of Income tax, The Dy. Commissioner of Income-tax And Vice Versa

M/s. Matha Enterprises, M/s. Best Bakery & Ice Cream Parlour, Versus The Assistant Commissioner of Income tax, The Dy. Commissioner of Income-tax And Vice ... Issues Involved1. Confirmation of addition on account of liquor sales in the absence of any incriminating material indicating undisclosed income.2. Consideration of income of Kwality Restaurant in the hands of the assessee.3. Deletion of additions made on account of estimation of undisclosed turnover from restaurant business and undisclosed liquor sales.4. Validity of assessments under Section 153A/153C of the Income Tax Act in the absence of incriminating material.Detailed AnalysisIssue 1: Confirmation of Addition on Account of Liquor SalesThe Tribunal observed that the Assessing Officer (AO) made additions based on the estimation of suppressed liquor sales. The AO used the suppression rates from the assessment years 2003-04 and 2007-08 to estimate the suppressed sales for other years. However, the Tribunal noted that there was no incriminating material found during the search for the assessment years 2001-02, 2002-03, 2004-05, 2005-06, and 2006-07. The Tribunal held that in the absence of incriminating material, the AO could not make any additions to the already assessed income. Therefore, the additions made by the AO for these years were deleted.Issue 2: Consideration of Income of Kwality RestaurantThe AO included the income of Kwality Restaurant in the hands of the assessee, estimating the undisclosed sales and profits. The CIT(A) found that Kwality Restaurant was a separate entity and its income should not be included in the assessee's income. The Tribunal upheld the CIT(A)'s decision, noting that the documents relevant to AY 2007-08 did not indicate that the restaurant was run by the assessee prior to 1.1.2007. The Tribunal found that there was no evidence to estimate the turnover and income of Kwality Restaurant and club it with the assessee for the relevant assessment years.Issue 3: Deletion of Additions Made on Account of Estimation of Undisclosed TurnoverThe AO made additions based on the estimation of suppressed sales from the bakery business for the assessment years 2001-02 to 2006-07. The Tribunal noted that there was no seized material found during the course of the search to estimate the suppressed sales for these years. The Tribunal held that in the absence of incriminating material, the AO could not make any additions to the already assessed income. Therefore, the additions made by the AO for these years were deleted.Issue 4: Validity of Assessments under Section 153A/153CThe Tribunal observed that the assessments under Section 153A/153C were made without any incriminating material found during the search. The Tribunal held that in the absence of incriminating material, the AO could not make any additions to the already assessed income. The Tribunal relied on various judicial pronouncements, including the Supreme Court's decision in Sinhgad Technical Education Society vs. CIT, to support its conclusion. Therefore, the assessments made under Section 153A/153C for the relevant years were held to be invalid in the absence of incriminating material.ConclusionThe Tribunal allowed the appeals of the assessee for the assessment years 2001-02, 2002-03, 2004-05, 2005-06, and 2006-07, and partly allowed the appeals for the assessment years 2003-04 and 2007-08. The Tribunal dismissed the appeals of the Revenue for all the assessment years. The Tribunal held that in the absence of incriminating material, the AO could not make any additions to the already assessed income, and the income of Kwality Restaurant should not be included in the assessee's income.