Facts of the Case
The present appeals were filed by the Revenue
against the order of the Income Tax Appellate Tribunal (ITAT), wherein the
Tribunal directed deletion of additions made by the Assessing Officer under
Section 68 of the Income Tax Act during assessment proceedings under Section
153A arising from a search action.
The Revenue contended that the Commissioner of
Income Tax (Appeals) [CIT(A)] had erred in law in granting relief to the
assessees. The matter reached the Delhi High Court under Section 260A of the
Income Tax Act.
The dispute essentially concerned whether
additions under Section 68 could be sustained in a Section 153A assessment in
the absence of incriminating material found during the course of search.
Issues Involved
- Whether
additions under Section 68 can be made in proceedings under Section 153A
without any incriminating material found during search?
- Whether
the ITAT was justified in following the precedent laid down in CIT vs
Kabul Chawla?
- Whether
any substantial question of law arose for consideration under Section
260A?
Petitioner’s Arguments (Revenue’s Contentions)
- The
Revenue argued that the ITAT erred in law by deleting additions made under
Section 68.
- It
was contended that the CIT(A) wrongly interfered with the assessment
order.
- The
Revenue sought restoration of the additions and challenged the
applicability of earlier precedents.
Respondent’s Arguments (Assessee’s Contentions)
- The
assessees contended that no incriminating material was found during the
search to justify additions under Section 68.
- They
relied upon the settled legal position in Commissioner of Income Tax vs
Kabul Chawla (2016) 380 ITR 573 (Del.).
- It
was argued that completed assessments cannot be disturbed under Section
153A in the absence of incriminating evidence.
Court Findings / Observations
The Delhi High Court observed that the ITAT had
correctly followed the ratio laid down in CIT vs Kabul Chawla, which
governs the scope of Section 153A assessments.
The Court further noted that in a connected matter
involving the same assessee for previous years, namely Pr. Commissioner of
Income Tax vs Best Infrastructure India (P) Ltd., ITA 869/2017, the
deletion of similar additions under Section 68 had already been upheld.
The Court found no infirmity in the ITAT’s order
and held that no substantial question of law arose for consideration.
Court Order / Final Decision
The Delhi High Court dismissed all the Revenue’s
appeals and upheld the ITAT’s order deleting the additions made under Section
68 in the Section 153A assessments.
Important Clarification by the Court
The judgment reinforces the principle that:
- Completed
assessments cannot be reopened under Section 153A merely on the basis of
reassessment powers unless incriminating material is found during search.
- Section
68 additions in search assessments require substantive incriminating
evidence.
This decision strengthens the jurisprudence
established in Kabul Chawla.
Sections Involved
- Section
68 – Unexplained Cash Credits
- Section
153A – Assessment in Case of Search or
Requisition
- Section
260A – Appeal to High Court
Link to download the order -
https://delhihighcourt.nic.in/app/case_number_pdf/2017:DHC:8952-DB/SRB30102017ITA9002017_124955.pdf
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