The
appeal filed by the assessee for Assessment Year 2020-21 arose from an order
passed by the Commissioner of Income Tax (Appeals) / National Faceless Appeal
Centre, Delhi, confirming an assessment framed under Section 153A read with
Section 143(3) of the Income-tax Act, 1961.
The
primary legal contention raised by the assessee was that the assessment had
been erroneously framed under Section 153A instead of a regular assessment
under Section 143(3), despite the relevant assessment year allegedly falling
outside the permissible block period. Upon careful consideration, the Tribunal
observed that, in addition to the search conducted on 27.02.2020 in the Raipur
Group of cases, a subsequent warrant of authorization dated 19.11.2020 had also
been issued. Consequently, Assessment Year 2020-21 validly fell within the
block of six assessment years contemplated under Section 153A. Accordingly, the
assessee’s challenge on this legal ground was rejected.
With
regard to the challenge against the transfer of jurisdiction under Section
127(2) from ITO-1, Raipur to ACIT, Central Circle-1, Delhi, the Tribunal held
that no material infirmity had been demonstrated. Further, such an
administrative transfer could not form the subject matter of adjudication
before the Tribunal. This ground was therefore dismissed.
The
substantive issue related to additions aggregating to ₹1,36,03,896 and two
further sums of ₹51,60,520 and ₹51,45,000, which were treated as unexplained
money under Section 69A read with Section 115BBE. The Tribunal noted that the
major portion of these additions was based on evidence seized from the premises
of M/s Gentle Entertainment Pvt. Ltd., a third party, and not from the
possession or control of the assessee.
Relying
on its earlier decision in the assessee’s own case for Assessment Year 2019-20
and the binding judgment of PCIT v. Anand Kumar Jain, the Tribunal held
that where incriminating material is found from the premises of a third party,
any consequential addition must necessarily be made by invoking proceedings
under Section 153C and not under Section 153A. On this legal basis alone, the
additions relating to third-party premises were deleted.
However,
with respect to cash amounting to ₹51,60,520 found and seized from the
residential premises of the assessee, the Tribunal applied the statutory
presumption under Section 292C. As the assessee failed to provide any
satisfactory explanation regarding the source of such cash, the addition was
sustained.
Accordingly, the appeal was partly allowed, granting relief in respect of additions based on third-party evidence while confirming the addition relating to unexplained cash found at the assessee’s premises.
Source Link- https://itat.gov.in/public/files/upload/1767176004-gWkPhr-1-TO.pdf
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