2022 (1) TMI 1240 - AT - Income Tax

Assessment u/s 153A - Whether incriminating material found during the course of search? - additions made on account of difference in interest income and on account of prior period expenses - HELD THAT - It is observed that search was conducted on 09/11/2017 and accordingly as per the notice issued by the AO the assessee had filed its return of income u/s 153A of the Act on 21/03/2018. AO made the additions on the basis of the books of account only without referring to any incriminating material found during the course of search. In respect of interest income there was a difference in the financial statements and Form 26AS only We find that the difference has been offered by the assessee in the subsequent assessment years which is clear from the order of the CIT(A). In respect of prior period expenses the assessee had debited it in P L Account and the addition made on this count also by the AO only based on the books of account of assessee which were audited without referring to any incriminating material found during the course of search. On both the additions made no incriminating material found with regard to these issues in the search operations. It clearly shows that the basis of additions is only from the books of account of the assessee. Thus we set aside the order of the CIT(A) and direct the AO to delete the additions made on account of difference in interest income and on account of prior period expenses - Decided in favour of assessee.

Summary

Issues Involved:
1. Addition of interest income based on variance with Form 26AS.
2. Disallowance of prior period expenses.
3. Legality of additions made without incriminating material post search.
4. Interpretation of Section 153A in relation to assessment proceedings.

Analysis:

Issue 1: Addition of Interest Income
- The AO added Rs. 6,39,294 to the assessee's income due to a variance in interest income between financial statements and Form 26AS.
- The CIT(A) upheld the AO's decision, leading to the appeal before the ITAT.
- The assessee argued that the difference in interest income had been rectified in subsequent years, causing no loss to the revenue.
- The ITAT noted that the additions were made solely based on the books of account without any incriminating material post search.
- Citing legal precedents, the ITAT ruled in favor of the assessee, emphasizing that without incriminating material, no additions can be made for unabated assessment years.
- Referring to Section 153A, the ITAT highlighted the need for assessments to be based on seized material in the absence of incriminating evidence.

Issue 2: Disallowance of Prior Period Expenses
- The AO disallowed Rs. 16,64,866 claimed as prior period expenses by the assessee due to lack of documentary evidence.
- The CIT(A) affirmed the AO's decision, prompting the appeal to the ITAT.
- The assessee contended that the prior period expenses were claimed when they crystallized, supported by detailed submissions.
- The ITAT found that the disallowance was made solely based on the books of account without any incriminating material post search.
- Relying on legal principles, the ITAT overturned the CIT(A)'s decision, directing the AO to delete the disallowed amount.
- The ITAT stressed the importance of incriminating material for making additions in unabated assessment years.

Issue 3: Legality of Additions Without Incriminating Material
- The ITAT deliberated on the legality of additions made by the AO without any incriminating material post search.
- The assessee argued that in the absence of such material, no additions should be warranted for unabated assessment years.
- Citing relevant case laws, the ITAT concluded that assessments must be based on seized material in the absence of incriminating evidence.

Issue 4: Interpretation of Section 153A
- The ITAT analyzed the provisions of Section 153A concerning assessment proceedings post a search operation.
- Referring to legal precedents and judgments, the ITAT emphasized the necessity of incriminating material for making additions in unabated assessment years.
- The ITAT's interpretation of Section 153A aligned with the requirement for assessments to be linked to seized material in the absence of incriminating evidence.

In conclusion, the ITAT allowed the appeals, directing the AO to delete the additions made on interest income and prior period expenses due to the lack of incriminating material post search. The judgment underscored the significance of seized material in assessment proceedings for unabated years, in line with legal principles and interpretations of Section 153A.