2022 (1) TMI 650 - AT - Income Tax

Tribunal dismisses Revenue's appeals for 2009-10 & 2010-11, upholds CIT(A)'s decision. Misapplication of law in 2013-14.

ACIT, Central Circle-8 New Delhi Versus Surya Fresh Foods Ltd.

The Tribunal dismissed the Revenue's appeals for Assessment Years 2009-10 and 2010-11, upholding the CIT(A)'s decision that additions without ... Assessment u/s 153A - additions made under Section 80IB - revenue right to interfere in already concluded (and not abated) assessment - HELD THAT:- It is a matter of record that the assessment concerning Assessment Years 2009-10 and 2010-11 stood concluded and were not pending at the time of search. Hence, the CIT(A) has rightly applied the position of law governing the field that while making the assessment under Section 153A of the Act, the Revenue is not entitled to interfere with already concluded (and not abated) assessment passed either under Section 143(1) or under Section 143(3) of the Act and not pending at the time of search, in the absence of any incriminating documents unearth, as a result of search. This legal position is affirmed and answered in favour of the assessee by large number of judicial precedents of different jurisdiction - See MEETA GUTGUTIA [2018 (7) TMI 569 - SC ORDER], KABUL CHAWLA [2015 (9) TMI 80 - DELHI HIGH COURT]. Thus plea raised on behalf of the Revenue appears to be without merit in the case of concluded assessment concerning Assessment Years 2009-10 and 2010-11 - Decided in favour of assessee. Issues:- Appeal against the order of the CIT(A) concerning Assessment Years 2009-10, 2010-11, and 2013-14 under Section 153A r.w. Section 143(3) of the Income Tax Act, 1961.- Whether additions made in search assessment without incriminating documents are sustainable.- Legal position on additions/disallowances in unabated assessments under Section 153A.- Assessment of total income in concluded assessments not pending at the time of search.- Jurisdiction to assess regular income under Section 153A in unabated assessments.Analysis:1. The appeals were filed by the Revenue against the CIT(A)'s order concerning Assessment Years 2009-10, 2010-11, and 2013-14. The search and seizure operation under Section 132 of the Income Tax Act was conducted, leading to assessments under Section 153A r.w. Section 143(3) of the Act. The CIT(A) held that additions made without incriminating documents in the search assessment cannot be sustained, citing legal precedents like CIT vs. Kabul Chawla. The Revenue challenged the relief granted by the CIT(A) for Assessment Years 2009-10 and 2010-11, arguing that the assessments were not pending at the time of search and thus additions without incriminating material are permissible. However, for Assessment Year 2013-14, the Revenue contended that the relief granted by the CIT(A) was unsustainable under legal precedents like Kabul Chawla.2. The Tribunal noted that for Assessment Years 2009-10 and 2010-11, where assessments were concluded and not pending at the time of search, the Revenue cannot interfere without incriminating documents, as per legal precedents like CIT vs. Kabul Chawla and others. The Tribunal found no legal infirmity with the CIT(A)'s order in dismissing the Revenue's appeals for these years. However, for Assessment Year 2013-14, the Tribunal found that the CIT(A) misdirected himself by applying the legal position on unabated assessments. Since the assessment for 2013-14 was pending and abated at the time of search, the matter was restored to the CIT(A) for fresh adjudication on merits. The appeal of the Revenue for 2013-14 was allowed for statistical purposes.3. In conclusion, the Tribunal dismissed the appeals of the Revenue for Assessment Years 2009-10 and 2010-11, upholding the CIT(A)'s decision. For Assessment Year 2013-14, the appeal of the Revenue was allowed for statistical purposes, directing a fresh adjudication by the CIT(A) due to the misapplication of legal principles regarding unabated assessments under Section 153A.