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Issues: (i) Whether the assessment under section 143(3) for A.Y. 2017-18 was valid after initiation of search proceedings and whether the second proviso to section 153A required abatement of the 143(3) assessment; (ii) Whether the write-off of capital work-in-progress of Rs. 47,93,370 on abandonment of project is allowable as revenue expenditure or is a capital expenditure disallowable; (iii) Whether the addition of Rs. 96,77,633 as alleged suppressed sales is sustainable; (iv) Whether disallowances under section 37(1) of Rs. 15,284 (prior period expenses), Rs. 1,20,809 (sales tax/VAT written off) and Rs. 91,806 (sales tax/VAT and sundry balances written off for AY 2018-19) are sustainable.
Issue (i): Validity of assessment under section 143(3) after initiation of search and effect of second proviso to section 153A.
Analysis: The Tribunal examined the chronology: search on 29.05.2018, notice under section 143(2) on 09.08.2018, assessment under section 143(3) on 22.12.2019, and subsequent notice and assessment under section 153A on 18.02.2021 and 12.06.2021 respectively. Relying on the principle that section 153A is invoked to tax income detectable from incriminating material found during search and on the binding authority that limits additions in unabated years to incriminating material, the Tribunal found the AO wrongly proceeded under section 143(3) after initiation of search, contrary to the abatement rule in the second proviso to section 153A.
Conclusion: In favour of Assessee. The assessment under section 143(3) for A.Y. 2017-18 is quashed as bad in law and set aside.
Issue (ii): Nature of the write-off of capital work-in-progress of Rs. 47,93,370 on abandonment of project (revenue v. capital).
Analysis: The Tribunal considered that the Hyderabad project was part of the assessee's existing line of retail business, was abandoned before any enduring asset came into existence, and that binding decisions of the jurisdictional High Court permit treating such expenditure as revenue where no enduring benefit accrues. The assessee produced bills and evidence of project-related expenses; revenue did not bring cogent material to establish capital character.
Conclusion: In favour of Assessee. The write-off of Rs. 47,93,370 is allowable as revenue expenditure and the enhancement disallowance is deleted.
Issue (iii): Validity of addition of Rs. 96,77,633 as alleged suppressed sales.
Analysis: The assessee explained the difference between ERP-extracted sales and returns shown in the return, provided reconciliations and supporting details; the revenue's rejection lacked substantive evidence demonstrating suppression. The Tribunal found the assessee's reconciliation credible and that the AO's conclusions were not supported by cogent material.
Conclusion: In favour of Assessee. The addition of Rs. 96,77,633 is deleted.
Issue (iv): Allowability of amounts disallowed under section 37(1): prior period expenses, sales tax/VAT written off, and sundry balances.
Analysis: The Tribunal examined the nature and business nexus of the claimed expenditures, noting prior period maintenance charges related to AY 2015-16 and that written-off sales tax/VAT and sundry balances were reflected in profit and loss account. Revenue did not produce cogent evidence to rebut the business nexus and allowability under section 37(1).
Conclusion: In favour of Assessee. Disallowances of Rs. 15,284 and Rs. 1,20,809 for AY 2017-18 and Rs. 91,806 for AY 2018-19 are deleted.
Final Conclusion: The Tribunal allowed the assessee's challenges in part and in full as to substantive adjustments: the section 143(3) assessment for A.Y. 2017-18 is quashed; additions for suppressed sales and specified disallowances are deleted; the write-off of capital work-in-progress is treated as allowable revenue expenditure. Overall, ITA No.6485 is partly allowed and ITA Nos.6486 and 6487 are allowed.
Ratio Decidendi: The second proviso to section 153A requires abatement of pending assessments upon initiation of search, and where assessments remain unabated additions under a subsequent search-based assessment are permissible only to the extent of income evidenced by incriminating material unearthed during the search; expenditure on an abandoned project that yields no enduring asset and is in continuation of existing business may be allowable as revenue expenditure.
Search assessment abatement and abandoned-project expenditure determine treatment of additions, sales reconciliations, and business write-offs.
Search-triggered assessment rules under section 153A require pending assessments to abate under the second proviso, while additions for unabated years must rest on incriminating material found during the search. Project expenditure written off after abandonment may be revenue expenditure where it forms part of an existing business and creates no enduring asset. Alleged suppressed sales require cogent evidence, and reconciliations supported by underlying records may address differences in reported sales. Prior-period expenses, written-off sales tax or VAT, and sundry balances may qualify under section 37(1) where a business nexus and profit-and-loss recognition are established.
Assessment u/s 153A - Application of second proviso to section 153A and abatement of pending assessments - scope of section 153A additions limited to incriminating material found on search - allowability of abandoned project write-off as revenue expenditure - allowability under section 37(1) of written-off sales tax/VAT and prior period expenses Validity of order u/s 153A - Application of second proviso to section 153A and abatement of pending assessments - Validity of assessment framed under section 143(3) after initiation of search proceedings and effect of second proviso to section 153A - HELD THAT: - The Tribunal held that the second proviso to section 153A operates to cause pending assessments to abate upon initiation of search and that additions under section 153A are founded on incriminating material unearthed during search. Applying the principle in PCIT v. Abhisar Buildwell (P.) Ltd. [2023 (4) TMI 1056 - SUPREME COURT] the Tribunal concluded that the AO wrongly assumed jurisdiction to complete assessment under section 143(3) after the search; consequently the assessment under section 143(3) for the year was quashed as bad in law. [Paras 9] Assessment under section 143(3) set aside as invalid; appeal allowed on this ground. Scope of section 153A additions limited to incriminating material found on search - addition made on account of alleged difference in sales as treated by the Ld. AO as suppression of sales - HELD THAT: - Having held that assessment under section 143(3) was not validly framed post-search, the Tribunal examined the evidence supporting the addition under section 153A. On the facts the assessee had reconciled sales differences to sales returns reflected in the return but not in ERP annexures; the revenue failed to produce cogent evidence of suppression and the AO's rejection was not supported by substantive material. The Tribunal therefore found the addition unsupported and quashed it. [Paras 11, 14] Addition on account of alleged suppressed sales deleted. Allowability under section 37(1) of written-off sales tax/VAT and prior period expenses - Allowability of prior period expenditure and sales tax/VAT written off as irrecoverable claimed under section 37(1) - HELD THAT: - The Tribunal found that the prior period maintenance expense related to an earlier year and that the sales tax/VAT write-off was duly reflected in the profit and loss account; both expenditures were connected with business operations and incurred wholly and exclusively for business purposes. The AO did not bring cogent material to disprove the business nexus, and the disallowances were therefore deleted as allowable under section 37(1). [Paras 11, 14, 16] Disallowances in respect of prior period expenses and sales tax/VAT written off deleted; amounts allowed under section 37(1). Allowability of abandoned project write-off as revenue expenditure - Whether write-off of capital work-in-progress on abandonment of a retail project is allowable as revenue expenditure? - HELD THAT: - The Tribunal applied binding decisions of the jurisdictional High Court and concluded that expenditures incurred for expansion in the same line of business, which did not result in any enduring asset because the project was abandoned, may be treated as revenue expenditure even if capitalised initially. On the facts the Hyderabad project formed part of the existing business, was abandoned, and conferred no enduring benefit; accordingly the write-off of capital work-in-progress was allowable as revenue expenditure and the appellate enhancement was deleted. [Paras 12, 14, 15] Write-off of capital work-in-progress on abandonment allowed as revenue expenditure; enhancement deleted. Final Conclusion: The Tribunal quashed the assessment completed under section 143(3) for AY 2017-18 as invalid in view of the second proviso to section 153A and the controlling precedent; deletions were directed in respect of the alleged suppressed sales and specified disallowances, the write-off of abandoned-project capital work-in-progress was allowed as revenue expenditure, and the appeals were allowed in part (ITA No.6485 partly) and allowed (ITA Nos.6486 and 6487).