2023 (7) TMI 1160 - AT - Income Tax

Assessee wins appeal on jurisdiction issue under section 153A

The Tribunal allowed the Assessee's appeals, ruling that the jurisdiction under section 153A r.w.s. 153C was assumed without incriminating material, and ... Validity of assessment u/s 153A(1)(b) r.w.s. 143(3) - manadation of incriminating material to be found before initiating assessment - HELD THAT:- Jurisdiction to complete assessment u/s 153A(1)(b) r.w.s. 143(3) of the Act was exercised in regard to relevant assessment years without there being any incriminating material and accordingly, the ground raised on behalf of the assessee challenge in the assumption of jurisdiction u/s 153A r.w.s. 153C is allowed. Decided in favour of assessee. Issues involved:The judgment involves the jurisdiction of the Assessing Officer under section 153A r.w.s. 153C of the Income Tax Act, 1961, and the validity of additions made on account of bogus freight charges without any incriminating material found during a search and seizure operation.Jurisdiction u/s 153A r.w.s. 153C:The appeals were filed by the Assessee against the order of the Ld. First Appellate Authority in response to a notice issued under section 153C r.w.s. 153A of the Act. The Assessee challenged the assumption of jurisdiction under section 153A r.w.s. 153C, contending that the notice was issued in the name of a non-existing entity. The Tribunal allowed the challenge on jurisdictional grounds, citing the lack of incriminating material and quashed the assessment orders.Validity of Additions on Bogus Freight Charges:The Assessing Officer had made additions on account of bogus freight charges without any incriminating material found during the search and seizure operation. The Ld. AO alleged failure of the assessee to produce bills and vouchers, leading to the disallowance of significant amounts. However, the Tribunal noted that the additions were made without any specific discussion of incriminating material in the assessment orders. Citing a previous judgment and lack of new evidence, the Tribunal held that no additions could be made in the absence of incriminating material and quashed the assessment orders.Conclusion:The Tribunal allowed the appeals of the Assessee, finding that the jurisdiction under section 153A r.w.s. 153C was assumed without incriminating material and the additions on bogus freight charges lacked merit. The impugned assessment orders were quashed, and the appeals were allowed.