2024 (8) TMI 106 - AT - Income Tax

Section 153A assessments require incriminating material from search; completed assessments cannot be reopened without seized evidence

M/s. John Distilleries Pvt. Ltd., M/s. Paul Resorts & Hotels Pvt. Ltd. Versus DCIT, Central Circle-1 (1), Bangalore AND (Vice-Versa)

M/s. John Distilleries Pvt. Ltd., M/s. Paul Resorts & Hotels Pvt. Ltd. Versus DCIT, Central Circle-1 (1), Bangalore AND (Vice-Versa) - TMI Issues Involved:1. Admission of additional grounds and evidences.2. Validity of assessments under Section 153A/153C without incriminating material.3. Jurisdictional issues related to Section 132(1) and Section 153D.4. Allegations of bogus expenses and undisclosed income.5. Violation of principles of natural justice.6. Charging of interest under Section 234A.Detailed Analysis:1. Admission of Additional Grounds and Evidences:The assessee filed additional grounds under Rule 11 of the I.T. Act, arguing that no transactions with certain contractors occurred in the relevant assessment years, thus no additions were warranted. The Tribunal admitted these additional grounds, relying on the Supreme Court judgment in NTPC Vs. CIT, which allows for the admission of additional grounds if no fresh facts need investigation and the action is bona fide.The assessee also filed applications under Rule 29 r.w.s. Rule 18(4) of the ITAT Rules, seeking admission of additional evidences such as bills, vouchers, and revised computation of income. The Tribunal admitted these additional evidences, emphasizing the need for substantial justice and the Tribunal's discretion to admit additional evidence to ensure a fair assessment.2. Validity of Assessments under Section 153A/153C Without Incriminating Material:The assessee contended that assessments for certain years were concluded and could not be reopened without incriminating material found during the search. The Tribunal referred to the Mumbai Special Bench decision in All Cargo Global Logistics Ltd. and the Supreme Court judgment in CIT v. Abhisar Buildwell (P) Ltd., which held that concluded assessments could not be reopened without incriminating material. The Tribunal directed the AO to examine if the seized material was relevant to the assessment years in question and to frame the assessments accordingly.3. Jurisdictional Issues Related to Section 132(1) and Section 153D:The Tribunal dismissed the ground challenging the jurisdiction under Section 132(1), citing the Karnataka High Court decision in Pratibha Jewellery House Vs. CIT, which upheld the retrospective amendment prohibiting appellate authorities from examining the reasons for the search.Regarding the approval under Section 153D, the Tribunal noted that the assessee failed to demonstrate that the approval was granted mechanically. Thus, this ground was dismissed.4. Allegations of Bogus Expenses and Undisclosed Income:The AO made additions based on statements recorded under Section 132(4) and 131, alleging bogus expenses and undisclosed income. The Tribunal observed that additions could not be based solely on such statements without corroborating evidence. It referred to various judgments, including CIT Vs. Harjeev Aggarwal and CIT Vs. Sinhgad Technical Education Society, which emphasized the need for corroborative material to support statements made during the search.The Tribunal remanded the issues to the AO for fresh consideration, directing that the assessments be based on incriminating material and allowing the assessee to produce additional evidence to substantiate their claims.5. Violation of Principles of Natural Justice:The assessee argued that the lower authorities violated the principles of natural justice by not providing an opportunity to present evidence. The Tribunal found no substantial proof of such violation and dismissed this ground.6. Charging of Interest under Section 234A:The Tribunal noted that charging interest under Section 234A is consequential and mandatory, thus directing the AO to compute it accordingly.Conclusion:The Tribunal allowed the appeals partly for statistical purposes, remanding several issues to the AO for reconsideration based on incriminating material and additional evidence, while dismissing grounds related to jurisdiction and natural justice violations.