2020 (8) TMI 558 - AT - Income Tax

ITAT Upholds CIT(A) Decision - No Additions Without Incriminating Material (A)

The Income Tax Appellate Tribunal (ITAT) upheld the decision of the Commissioner of Income Tax (Appeals) [CIT(A)] and dismissed the revenue's appeals for ... Assessment u/s 153A - Addition u/s 80IA - incriminating materials found during the search or not? - HELD THAT:- CIT(A) has recorded categorical finding that there is no reference to any incriminating material found as a result of search, in respect of additions made towards disallowances of deductions claimed u/s 80IA(4) CIT(A) has also, recorded a categorical finding that the issue has attained the finality in view of decision of CONTINENTAL WAREHOUSING CORPORATION (NHAVA SHEVA) LTD., ALL CARGO GLOBAL LOGISTICS LTD. [2015 (5) TMI 656 - BOMBAY HIGH COURT] as upheld the claim of deductions claimed u/s 80IA(4) - thus in absence of any incriminating material found as a result of search, no additions could be made in the assessment framed u/s 143(3) r.w.s. 153A when the assessment year in question was unabated as on the date of search. In this case, there is no doubts with regard to the fact that the assessment year in question was unabated as on the date of search. Therefore, we are of the considered view that there is no error in the findings recorded by the Ld.CIT(A) to delete additions made by the Ld. AO towards disallowances of deductions claimed u/s 80IA(4) - Decided against revenue. Issues Involved:1. Legality of disallowance under Section 80IA(4) in the absence of incriminating material found during the search.2. Validity of additions made under Section 153A when the original assessment has attained finality.Issue-Wise Detailed Analysis:1. Legality of Disallowance under Section 80IA(4) in the Absence of Incriminating Material Found During the Search:The revenue appealed against the decision of the Commissioner of Income Tax (Appeals) [CIT(A)] who granted relief to the assessee by stating that no disallowance under Section 153A of the Income Tax Act, 1961, is justified as no incriminating materials were found during the search. The CIT(A) noted that the original assessment under Section 143(3) had already been completed before the search, and the claim for deduction under Section 80IA(4) had been upheld by the Bombay High Court and the Supreme Court. The CIT(A) emphasized that in the absence of any incriminating material found during the search, no addition could be made under Section 153A.The CIT(A) further noted that the Assessing Officer (AO) failed to bring on record any incriminating material or adverse statement related to the disallowance made under Section 80IA(4). The CIT(A) concluded that the AO's general observation based on the Appraisal Report cannot be construed as incriminating evidence. The CIT(A) also highlighted that the AO's attempt to re-investigate the expenses debited in the profit and loss account, which were not subjected to investigation in the original assessment, was not justified under Section 153A.2. Validity of Additions Made under Section 153A When the Original Assessment Has Attained Finality:The CIT(A) referred to various judicial precedents, including the decisions of the Bombay High Court in the cases of Continental Warehousing Corporation and Murli Agro Products, which held that no addition can be made under Section 153A in respect of assessments that have attained finality unless incriminating material is found during the search. The CIT(A) noted that the original assessment for the relevant assessment years had attained finality and could not be disturbed in the absence of incriminating material.The CIT(A) also cited the Special Bench decision of the Mumbai ITAT in the case of All Cargo Global Logistics Ltd., which stated that in the case of completed assessments, the AO can make additions only on the basis of incriminating material found during the search. The CIT(A) concluded that the AO's action of making disallowances under Section 80IA(4) without any incriminating material was against the judicial pronouncements and legal precedents on the issue.Conclusion:The Income Tax Appellate Tribunal (ITAT) upheld the findings of the CIT(A) and dismissed the revenue's appeals for both assessment years 2005-06 and 2006-07. The ITAT agreed with the CIT(A) that in the absence of any incriminating material found during the search, no additions could be made under Section 153A when the original assessment had attained finality. The ITAT also noted that the issue was squarely covered in favor of the assessee by the decisions of the Bombay High Court and other judicial precedents.