2019 (3) TMI 282

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.... short the 'Act') dated 26.02.2016 framed by ACIT (Central)-II, Bhopal. The assessee has raised following common grounds of all three appeals; 1. That on the facts and in the circumstances of the case of the assessee the Ld. Commissioner of Income Tax(A) was not justified in holding that the Assessing Officer was justified in making addition in the years where the assessment proceedings were not pending and no incriminating material was found during the course of search. 2. That on the facts and in the circumstances of the case of the assessee the ld. Commissioner of Income Tax(A) was not justified in holding that the Assessing Officer was justified in disallowing the exemption claimed u/s 80IB(10)." 2. As the issues....

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....addition was called for in the assessment years 2008-09 to 2010-11 as they fall under the category of non abated assessments as held by High Court of Gujarat in the case of PCIT Vs. Desai Construction reported in 387 ITR 552 (2016). Reliance also placed on the judgment of Hon'ble Bombay High Court in the case of CIT V/s Continental Warehousing Corporation (Nhava Sheva) Ltd and All Cargo Global Logistics Ltd 374 ITR 634, Bombay (2015). 6. Per contra Departmental Representative placed the reliance of following judgments submitting that the additions can be made during the block period assessments pursuant to issuance of notice u/s 153A/153C of the Act without any incriminating material being found against the assessee during this cours....

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....ssessee has relied few judgments and Ld. Departmental Representative has relied to few judgments in its favour. However, the Hon'ble Apex Court in the case of CIT V/s Vegetable Products Ltd 88 ITR 192 has "held that if two reasonable construction of a taxing provisions are possible, then that construction which favours the assessee must be adopted". In the light of above judgment of Hon'ble Apex Court we have gone through the judgments referred and relied by both the parties and are inclined to follow the view taken by Hon'ble courts on the issue in question before us favouring the assessee. 9. The Hon'ble High Court of Gujarat in the case of PCIT Vs. Desai Construction (supra) confirmed the view taken by the Tribunal uph....