2025 (5) TMI 1380 - AT - Income Tax

Assessment u/s 153A - validity of approval accorded u/s 153D - HELD THAT - approval letter has been issued in respect of 38 cases and apparently it does not even mention that approval has been granted. Thus it is seen that the issue raised by the assessee in the additional ground of appeal is squarely covered in favour of the assessee by the order of this Bench of the Tribunal in assessee s own case for assessment year 2015-16 2021 (10) TMI 1448 - ITAT LUCKNOW We hold that granting of mechanical approval u/s 153D of the Act vitiates the entire proceedings. Accordingly we allow the additional ground of appeal and quash the assessment order passed by the DCIT under section 153A of the Act. Assessee appeal allowed.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Tribunal were:

(a) Whether the Assessing Officer (AO) and the Commissioner of Income Tax (Appeals) [CIT(A)] were justified in denying exemption under section 10(38) and special tax rate under section 111 of the Income Tax Act, 1961, in respect of capital gains arising from sale of shares, and in treating the amounts as unexplained investment under section 69 of the Act;

(b) Whether the additions made on account of commission paid on capital gains and difference in valuation of immovable property based on the District Valuation Officer's (DVO) report were legally sustainable;

(c) Whether the approval granted under section 153D of the Act for the assessment proceedings under section 153A was valid and in accordance with the statutory mandate, or whether it was a mechanical approval vitiating the entire proceedings;

(d) Whether the cash found during search and seizure operations, alleged to belong partly to a private limited company and partly to the assessee's household, was rightly added to the income of the assessee;

(e) Whether the Tribunal should admit the additional legal ground challenging the validity of the approval under section 153D of the Act at the appellate stage.

2. ISSUE-WISE DETAILED ANALYSIS

Issue (a): Denial of exemption under sections 10(38) and 111 and additions under section 69

Legal framework and precedents: Section 10(38) exempts long-term capital gains arising from transfer of equity shares where Securities Transaction Tax (STT) has been paid. Section 111 provides for special rates of taxation on capital gains. Section 69 empowers the AO to treat unexplained investments as income if the assessee fails to satisfactorily explain the source. The principles require that if the assessee demonstrates the genuineness and source of capital gains, exemption under section 10(38) and special rates under section 111 should be allowed.

Court's interpretation and reasoning: The Tribunal noted that the assessee held shares in demat account and the sale transactions were reflected therein. Contract notes were verifiable, STT was paid, and sale consideration was traceable to bank accounts. The AO and CIT(A) had disbelieved these facts and treated the amounts as unexplained investments under section 69.

Key evidence and findings: The demat account statements, contract notes, and bank statements were available and undisputed. The rate of sale was verifiable from stock market quotations. The assessee complied with all statutory requirements for claiming exemption under section 10(38) and 111.

Application of law to facts: The Tribunal held that the AO and CIT(A) erred in disregarding the verifiable documentary evidence and in drawing adverse inferences based on surmises and conjectures. The assessee had fulfilled the conditions for exemption and special rate of taxation.

Treatment of competing arguments: The AO and CIT(A) relied on statements recorded during search and on valuation differences to justify additions. The Tribunal found that the adverse inferences were without basis and violated principles of natural justice as the assessee was not given opportunity to cross-examine the persons whose statements were relied upon.

Conclusions: The denial of exemption under section 10(38) and 111 and addition under section 69 were held to be erroneous and unsustainable.

Issue (b): Addition of commission @ 5% on capital gains and valuation difference on immovable property

Legal framework and precedents: Additions on account of commission must be supported by evidence. Valuation of immovable property must be based on proper valuation standards and objections of the assessee must be considered. The DVO's valuation must be consistent with CPWD or PWD rates as applicable.

Court's interpretation and reasoning: The Tribunal found that the addition of commission was without basis and that the DVO's valuation was based on CPWD rates instead of PWD rates, leading to inflated valuation. The objections filed by the assessee through an approved valuer were ignored by the DVO.

Key evidence and findings: The valuation report of the DVO and the approved valuer's objections were on record. The DVO's report did not mention the basis of approval and failed to consider objections.

Application of law to facts: The Tribunal held that the additions on account of commission and valuation difference were illegal and bad in law.

Treatment of competing arguments: The AO and CIT(A) upheld the additions relying on the DVO's report and statements. The Tribunal rejected this as mechanical and unsupported by evidence.

Conclusions: The additions on account of commission and valuation difference were to be deleted.

Issue (c): Validity of approval under section 153D for assessment under section 153A

Legal framework and precedents: Section 153A requires prior approval under section 153D for assessments arising from search and seizure. The approval must be given after application of mind and in accordance with statutory mandate. Mechanical or blanket approvals vitiate the proceedings. The Tribunal relied on precedents including the Supreme Court judgment in NTPC Ltd. Vs. CIT and earlier decisions of the Tribunal in the assessee's own case for AY 2015-16.

Court's interpretation and reasoning: The approval letter under section 153D was a common order covering 38 cases, did not explicitly grant approval, and was issued mechanically without application of mind. The Tribunal held that such mechanical approval vitiates the assessment proceedings under section 153A.

Key evidence and findings: The approval letter was a common communication without specific application of mind. The Tribunal's earlier order for AY 2015-16 on identical facts quashed the assessment on this ground. The High Court dismissed the Department's appeal against that order.

Application of law to facts: Following the binding precedent, the Tribunal allowed the additional ground challenging the approval and quashed the assessment orders for AY 2013-14 and 2016-17.

Treatment of competing arguments: The Department objected to admission of the additional ground and did not argue on merits due to internal guidelines. The Tribunal proceeded to decide the matter relying on binding precedents.

Conclusions: The mechanical approval under section 153D vitiated the entire proceedings under section 153A, leading to quashing of assessment orders.

Issue (d): Addition of cash found during search for AY 2016-17

Legal framework and precedents: Cash found during search can be added to income if unexplained. However, if the assessee satisfactorily explains the source, addition cannot be sustained.

Court's interpretation and reasoning: The cash found was partly belonging to Kanpur Organics Pvt. Ltd. and partly to the household. The explanation was verifiable and supported by evidence.

Key evidence and findings: Evidence regarding ownership and source of cash was filed by the assessee and was not rebutted.

Application of law to facts: Since the explanation was accepted in the earlier order for AY 2015-16 on identical facts, the Tribunal applied the same reasoning and allowed the additional ground challenging the assessment.

Treatment of competing arguments: The CIT(A) upheld the addition, but the Tribunal found no basis for it.

Conclusions: The addition of cash found during search was not sustainable and was deleted.

Issue (e): Admission of additional legal ground challenging approval under section 153D

Legal framework and precedents: The Supreme Court in NTPC Ltd. Vs. CIT held that additional legal grounds may be admitted at appellate stage if they go to the root of the matter and are purely legal in nature.

Court's interpretation and reasoning: The Tribunal admitted the additional ground as it was purely legal and germane to the issues.

Key evidence and findings: The additional ground was based on the same approval letter and was crucial for deciding the validity of the assessment.

Application of law to facts: The Tribunal admitted the additional ground and decided the appeal accordingly.

Treatment of competing arguments: The Department opposed admission but was overruled.

Conclusions: The additional ground was admitted and formed the basis for quashing the assessments.

3. SIGNIFICANT HOLDINGS

"Granting of a mechanical approval u/s 153D of the Act vitiates the entire proceedings. It is on this basis that the issue was decided in favour of the assessee in both these cases, under facts and circumstances exactly similar to those present herein."

"The adverse inference drawn by the AO and upheld by the CIT(A) is based on mere surmises and conjectures, in violation of principle of natural justice in as much as the appellant has not been given an opportunity to cross examine the persons (whose statements had been referred to and relied upon for the purpose of making impugned addition) which being of culpable nature, the addition made by the AO and upheld by the CIT(A) is bad in law and be deleted."

"The exemption as claimed under section 10(38) of the Act, by the assessee stood supported by a large number of case laws which are squarely applicable to the facts of the present case, the view taken by the AO and upheld by the CIT(A) is totally erroneous and untenable both in facts as well as in law."

"The valuation report prepared by the Distt. Valuation Officer being bad in law, the addition made and upheld by the CIT(A) be deleted."

Final determinations:

- The assessments for AY 2013-14 and 2016-17 were quashed on the ground of invalid mechanical approval under section 153D.

- Additions made on account of unexplained capital gains, commission, and valuation difference were held to be unsustainable.

- Additions on account of cash found during search were deleted as explanations were satisfactory.

- The additional legal ground challenging the approval under section 153D was admitted and decided in favour of the assessee.