The
appeal was filed by the Revenue against the order of the Commissioner of Income
Tax (Appeals), New Delhi, pertaining to Assessment Year 2011-12, arising from
an assessment framed under Sections 153A read with 143(3) of the Income-tax
Act, 1961.
The
assessee, engaged in infrastructure development on a BOT
(Build-Operate-Transfer) basis, was subjected to search and seizure operations
conducted on the DSC Group. Consequent to the search, the case was centralized
and notice under Section 153A was issued. The Assessing Officer completed the
assessment by making multiple disallowances and additions.
On
appeal, the CIT(A) allowed the assessee’s legal ground by holding that in the
absence of incriminating material found during the search, no additions could
be made for the relevant assessment year. This conclusion was drawn by placing
reliance on judicial precedents including CIT v. Kabul Chawla and CIT
v. MGF Automobiles Ltd. Consequently, the assessment order was held to be
without jurisdiction and other grounds were treated as academic.
Upon
further appeal by the Revenue, the Tribunal observed that the assessment year
under consideration was an abated assessment, as the statutory time
limit for issuing notice under Section 143(2) had not expired on the date of
search. This factual position was not disputed by the assessee. The Tribunal
held that in cases of abated assessments, the Assessing Officer is empowered to
make additions even in the absence of incriminating material.
Accordingly,
the Tribunal set aside the order of the CIT(A), restored the matter to the file
of the Assessing Officer, and directed a de novo assessment on all
issues after granting adequate opportunity to the assessee.
The appeal of the
Revenue was thus partly allowed for statistical purposes.
Source Link- https://itat.gov.in/public/files/upload/1767176720-duZUD3-1-TO.pdf
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