Facts of the Case

A search and seizure operation under section 132(1) of the Income-tax Act, 1961 was conducted on 03.02.2011 in the Ramji Vaish Group, which included M/s Jai Maa Sharda Service Station, Sonebhadra. Pursuant to the search, assessments for Assessment Years 2010-11 and 2011-12 were framed under section 153A read with section 143(3).Approval under section 153D was obtained from the Joint Commissioner of Income Tax on 26.03.2013, and the assessment orders were passed on 30.03.2013. Various additions were made on account of alleged unexplained investments, cash deposits, and entries recorded in seized diaries and loose papers. The Commissioner of Income Tax (Appeals) partly confirmed the additions. Aggrieved, the assessee filed appeals before the Tribunal.

Issues Involved

  1. Whether approval granted under section 153D in a mechanical manner vitiates the search assessments framed under section 153A.
  2. Whether additions can be sustained in completed assessments in the absence of incriminating material found during the search.
  3. Whether additions based solely on rough diaries and loose papers, alleged to be dumb documents, are legally sustainable.
  4. Whether estimation of income and additions for cash deposits and investments without corroborative evidence are justified.

Petitioner’s (Assessee’s) Arguments

The assessee contended that the approval under section 153D was granted in a mechanical manner on a single day for numerous group cases, without examination of seized material or draft assessment orders, which rendered the entire assessment proceedings invalid.

It was further argued that for the years under consideration, no incriminating material was found during the search, and therefore, additions under section 153A were impermissible. The assessee submitted that the diaries and loose papers relied upon by the Assessing Officer were rough, uncorroborated, and constituted dumb documents having no evidentiary value. It was also contended that cash deposits and alleged investments were from explained sources, but the same were ignored by the lower authorities.

Respondent’s (Revenue’s) Arguments

The Revenue relied upon the assessment orders and the appellate orders, contending that the seized material, including diaries and loose papers, revealed undisclosed income. It was argued that approval under section 153D was valid and that the additions made by the Assessing Officer and partly confirmed by the CIT(A) were justified on facts and in law.

Court Order / Findings

The Tribunal held that approval under section 153D is a mandatory jurisdictional requirement and must reflect due application of mind. Grant of approval for a large number of assessments on a single day, without proper examination of records and seized material, was held to be mechanical and invalid in law.

The Tribunal further held that in respect of completed assessments, no addition could be made under section 153A in the absence of incriminating material found during the search. The seized diaries and loose papers were held to be dumb documents, as they were not supported by corroborative evidence.

Accordingly, the Tribunal deleted or set aside the additions sustained by the lower authorities in the case of M/s Jai Maa Sharda Service Station, and allowed the appeals on the legal issues, granting consequential relief.

Important Clarification

The Tribunal clarified that statutory approval under section 153D is not an empty formality and mechanical approval strikes at the root of jurisdiction. Further, rough diaries or loose papers found during search, without independent corroboration, cannot form the sole basis for additions under section 153A, particularly for completed assessments.

Link to download the order - https://www.mytaxexpert.co.in/uploads/1770633106_MSJAIMAASHARDASERVICESTATIONALLAHABADVS.ACITCENTRALCIRCLEALLAHABAD.pdf

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