TaxTMI 
TaxTMI 
2023 (7) TMI 337
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....criminating material found during the search and the impugned order being an unabated assessment year, the Assessing Officer (A.O. for short) ought not to have passed the assessment order u/s. 153A of the Act in the absence of any incriminating material. In view of the decision of the Hon'ble Apex Court in the case of National Thermal Power Co. Ltd. v. CIT [1998] 229 ITR 383 (SC), we hereby admit the additional ground raised by the assessee. Since the additional ground goes to the very root of this appeal, we proceed to hear this ground of appeal raised by the assessee. 3. The brief facts of the case are that the assessee filed its return of income dated 15.02.2011, declaring total income of Rs. 69,59,576/- pursuant to the search and s....
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....0.04.2022 held that the Revenue has not proved that there was incriminating seized material in the assessee's case and, hence, in the absence of the same, no addition could have been made u/s. 153A of the Act. The Tribunal allowed this ground of appeal raised by the assessee. 5. It is further observed that though all the appeals related to A.Ys. 2004-05 to 2010- 11 were heard and disposed together, there was an inadvertent error where the A.Y. 2007-08 pertaining to ITA No. 2418/Mum/2015 was not heard and the same was not listed. It is also observed that while listing all the appeals of the assessee and the Revenue, pertaining to A.Y. 2004-05 to 2010-11, ITA No. 2418/Mum/2015 was inadvertently missed out in the cause list on 07.03.2022. Hen....
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....venue has failed to contradict the fact that there was no incriminating seized material. The relevant extract of the decision of Tribunal for other years are cited hereunder for ease of reference: 5. Heard both the sides and perused the material on record. The ITAT vide its order dated 18.05.2018 has allowed the M.A. of the assessee by recalling its order for adjudicating the ground no. 3(a) to 3(c) afresh on merit as referred in the order of the ITAT dated 18.05.2018. During the course of assessment the Assessing Officer treated the purchases made by the assessee from M/s Bright Global Paper Pvt. Ltd. as bogus purchases on account of various reasons as mentioned in the assessment order based on finding of search conducted by Sales Tax & ....
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....ocument. The ld. CIT(A) has restricted the addition to 15% of such purchases and the ITAT vide order dated 09.11.2017 sustained the addition to the extent of 12.5% of such purchases. During the course of assessment the A.O has relied on pages 72 to 88 of annexure 9. In this regard the assessee has also enclosed the copies of annexure 9 in its submission demonstrating that these copies were pertained to the regular ledger account of M/s Bright Global Paper Pvt. Ltd. in the books of account of the assessee and there was no any incriminating material referred by the A.O and these ledger account were as per the regular books of account of the assessee company and this was not an incriminating material. It is further submitted that assessment in....