Facts of the Case
The Revenue filed multiple appeals under Section 260A
challenging a common order of the ITAT relating to Assessment Years 2008–09,
2009–10, and 2010–11. The Assessing Officer had made additions under Sections
68 and 69C on account of alleged unexplained credits and expenses.
The CIT(A) and ITAT deleted these additions on the ground that
no incriminating material was found during the search conducted under Section
132. The assessees had already filed returns, which were accepted under Section
143(1), and no further scrutiny or reassessment notices were issued prior to
the search. Therefore, the assessments had attained finality before the search
date.
Issues Involved
- Whether
additions under Sections 68 and 69C can be made in proceedings under
Section 153A without any incriminating material found during search.
- Whether
Section 153A permits reassessment of completed assessments irrespective of
seized material.
- Whether
reliance on CIT vs Kabul Chawla is justified when the matter is
pending before the Supreme Court.
- Whether ITAT erred in deleting additions without examining merits independently.
Petitioner’s Arguments (Revenue)
- The
ITAT erred in deleting additions made under Sections 68 and 69C.
- Section
153A mandates assessment of total income for six years, irrespective of
incriminating material.
- The
decision in CIT vs Kabul Chawla was wrongly relied upon, as it was
not accepted by the Department and SLP was dismissed only due to low tax
effect.
- The
issue has not attained finality as similar matters are pending before the
Supreme Court.
- Incriminating material was allegedly found during the search, justifying additions.
Respondent’s Arguments (Assessee)
- No
incriminating material was found during the search proceedings.
- All
transactions, including share application money, were fully disclosed and
supported by documentary evidence such as bank statements, ITRs, and
financial records.
- The
assessments had already attained finality prior to the search.
- Additions under Section 153A cannot be made without seized material, as per settled law in CIT vs Kabul Chawla.
Court’s Findings / Order
- The
High Court held that under Section 260A, interference is permissible only
on substantial questions of law.
- It
was observed that both CIT(A) and ITAT recorded concurrent findings that no
incriminating material was found during the search, and such findings
were not perverse.
- The
Court reaffirmed the legal position laid down in CIT vs Kabul Chawla
(2016) 380 ITR 573, holding that:
- No
addition can be made under Section 153A in respect of completed
assessments if no incriminating material is found during search.
- The
Court rejected Revenue’s contention regarding pending SLPs, stating that
there is no stay on the Kabul Chawla judgment.
- Since
assessments had attained finality and no incriminating material existed,
additions were not permissible.
Final Order
All appeals filed by the Revenue were dismissed as being devoid of merit.
Important Clarification
- Section
153A does not allow arbitrary reassessment of completed assessments.
- Additions
must have a direct nexus with incriminating material found during
search.
- Completed
(non-abated) assessments cannot be disturbed without such material.
- The Kabul Chawla principle continues to hold the field unless stayed or overturned by the Supreme Court.
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2021:DHC:2802-DB/MMH09092021ITA812020_221337.pdf
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