2016 (11) TMI 1391 - HC - Income Tax

Validity of assessment under Section 153(A) - Held that - A.O. has nowhere indicated if and to what extent any material was seized or found during the search proceedings empowering him to revisit the concluded scrutiny assessment for the concerned years and arrive at a contrary conclusion. The reading in Kabul Chawla (2015 (9) TMI 80 - DELHI HIGH COURT ) and other decisions based on that judgement are decisive; unless the revenue seizes any fresh material or information or records a statement which leads to some information or material revisiting a concluded assessment on aspects that were gone into is impermissible.

Summary

Issues:
1. Appeal under Section 260A of the Income Tax Act, 1961 regarding assessment set aside after search and seizure proceedings.
2. Interpretation of whether income was short term capital loss or business income.
3. Consideration of material seized during search proceedings for revisiting assessment.
4. Application of legal precedent in Commissioner of Income Tax vs. Kabul Chawla 380 ITR 573.
5. Determination of whether revisiting concluded assessment without new material is impermissible.

Analysis:
1. The Revenue appealed under Section 260A of the Income Tax Act, 1961, contending that the assessment set aside after search and seizure proceedings under Section 153(A) was incorrect. The Assessing Officer had initially treated the income as short term capital loss, which was disputed in the block assessment as business income. The Commissioner of Income Tax (Appeals) partially allowed the appeal, a decision upheld by the Income Tax Appellate Tribunal (ITAT) citing the precedent in Commissioner of Income Tax vs. Kabul Chawla 380 ITR 573.

2. The Court reviewed the case and noted that the Assessing Officer did not specify any seized material empowering a reassessment of the concluded scrutiny assessment without new information. Referring to the Kabul Chawla case and similar judgments, it was emphasized that without fresh material or information leading to new findings, revisiting an assessment on previously examined aspects is impermissible.

3. Based on the above analysis, the Court concluded that the ITAT correctly applied the law, and no substantial question of law arose. Therefore, the appeals were dismissed as the existing legal framework did not support revisiting assessments without the discovery of new material or information.