2023 (4) TMI 97 - AT - Income Tax

Tribunal cancels assessment order under Income Tax Act, citing invalid approval and upholds additional ground.

M/s Akshata Realtors Pvt. Ltd. Versus ACIT, Central Circle-2, Raipur

The Tribunal allowed the appeal of the assessee by quashing and canceling the assessment order passed under Section 153A r.w.s. 143(3) of the Income Tax ... Assessment u/s 153A - Validity of approval granted by JCIT, Range-Central Raipur u/s.153D - HELD THAT:- On perusal of the approval given by the JCIT, Range-Central, Raipur, we found that the JCIT has given approval only on the basis of presumption that the AO after giving proper opportunity to the assessee, thoroughly verified the seized material and proposed for making addition, which in our opinion, without looking into the complex facts of the search assessment has been approved in a mechanical manner. Even the CIT(A) has also overlooked this technical error in the assessment order. Further, it is not clarified as to whether the assessment record in the case of the assessee has been seen by the JCIT or not - approval granted by the JCIT, Range-Central, Raipur in the case of the assessee is merely technical approval just to complete the formality and without application of mind as there was no examination of the seized documents, only on the presumption the approval cannot be granted. Thus, we hold the approval under section 153D of the Act has been granted in the case of the assessee was without application of mind, the same is invalid, bad in law and liable to be quashed. No reason to upheld the order of the authorities below, consequently we hold that the order of Ld CIT(A) in affirmation of the order of Ld AO u/s.153A r.w.s.143(3) of the Act is unsustainable and derives to be quashed and we do so. Appeal of assessee is allowed. Issues Involved:1. Validity of the ex-parte Appellate Order passed by the CIT(A).2. Legitimacy of the addition of Rs.47,60,61,000/- under Section 56(2)(viia) of the Income Tax Act.3. Admission and adjudication of additional grounds of appeal concerning the validity of the Search Assessment Order under Section 153A r.w.s. 143(3) of the Act.Summary:Issue 1: Validity of the ex-parte Appellate OrderThe assessee argued that the ex-parte Appellate Order passed by the CIT(A) was highly unjustified, bad in law, and against the principles of natural justice, as it was passed without providing a reasonable opportunity of being heard. The Tribunal did not explicitly address this issue in the final judgment, focusing instead on the additional grounds raised.Issue 2: Legitimacy of the Addition under Section 56(2)(viia)The assessee contended that the addition of Rs.47,60,61,000/- made by the AO under Section 56(2)(viia) of the Act was unjustified, unwarranted, and based on presumptions and surmises. The AO had added this amount to the total income of the assessee under the head income from other sources, which was sustained by the CIT(A). The Tribunal did not specifically adjudicate on this issue due to the acceptance of the additional ground.Issue 3: Admission and Adjudication of Additional GroundsThe assessee sought admission of an additional ground of appeal, arguing that the Search Assessment Order under Section 153A r.w.s. 143(3) was void ab initio, invalid, and bad in law due to the purported approval granted by the JCIT being mechanical and without due application of mind. The Tribunal admitted this additional ground, noting that it goes to the root of the matter and involves the interpretation of the provisions of the Income-tax Act.Tribunal's Findings:- The Tribunal found that the JCIT granted approval for the assessment in a mechanical manner without proper application of mind, merely presuming that the AO had given proper opportunity of hearing and thoroughly verified the seized material.- The Tribunal observed that the JCIT's approval was based on presumptions and did not reflect an independent application of mind, as required under Section 153D of the Act.- The Tribunal relied on various case laws, including Pr.CIT v. Subodh Agarwal and Pr.CIT v. Sapna Gupta, which emphasized that approval under Section 153D must be granted after a thorough appraisal of the material and not as a mere formality.- The Tribunal concluded that the approval granted by the JCIT was invalid, making the assessment order under Section 153A r.w.s. 143(3) unsustainable.Conclusion:The Tribunal quashed and cancelled the assessment order passed under Section 153A r.w.s. 143(3) of the Act, allowing the additional ground raised by the assessee. Consequently, the other grounds of appeal were not adjudicated upon. The appeal of the assessee was allowed.