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2025 (5) TMI 1404 - AT - Income TaxAssessment u/s 153A - no incriminating material to support the addition - HELD THAT - Hon ble Apex Court in the case of Abhisar Buildwel 2023 (4) TMI 1056 - SUPREME COURT affirming decision in the case of Kabul Chawla 2015 (9) TMI 80 - DELHI HIGH COURT have held that no addition can be made in respect of unabated assessments unless there is seizure of incriminating documents qua the impugned additions. Consequently we are of the considered view that no intervention is required to be made to the order of the CIT(A) at this stage as the same is based upon correct understanding of facts of the case contemporary statute as well as binding judicial precedents. Accordingly we uphold the order of the CIT(A) and dismiss all the grounds of appeal raised by the Revenue.
The core legal questions considered in this appeal revolve around the validity of additions made by the Assessing Officer (AO) under section 143(3) read with section 153A of the Income Tax Act, 1961, in the context of search and seizure proceedings under section 132. Specifically, the issues include:
1. Whether additions can be made in a completed assessment year without reference to incriminating material seized during the search. 2. The scope and applicability of section 153A in relation to pending and completed assessments at the time of search. 3. The correctness of treating declared agricultural income as unexplained income in absence of suitable explanation and evidence. 4. The binding nature of judicial precedents on the Assessing Officer and appellate authorities regarding additions in unabated assessments. Issue-wise Detailed Analysis 1. Validity of Additions in Completed Assessments Without Seized Incriminating Material Legal Framework and Precedents: Section 153A mandates assessment or reassessment of total income for six years preceding the search year. However, the second proviso to section 153A provides that pending assessments on the date of search shall abate. The question arises whether additions can be made in completed assessments (unabated assessments) without incriminating material seized during the search. The Tribunal relied heavily on the decisions in Smt. Rita Agarwal (ITA No.3264/Chny/2019) and M/s Saravana Stores (ITA No.676/Chny/2017), which held that additions in unabated assessments must be supported by incriminating material seized during the search. The Hon'ble Supreme Court's observations in CIT vs Ralson Industries Ltd. were cited to emphasize the binding nature of higher judicial precedents on lower authorities, underscoring the principle of judicial discipline and the consequences of non-compliance amounting to civil contempt. Court's Interpretation and Reasoning: The Court noted contradictions and non-application of mind in the AO's order, particularly the absence of seized incriminating material relating to the impugned year. The CIT(A) and the Tribunal held that additions without reference to such material in unabated assessments are impermissible. Application of Law to Facts: The AO made additions of Rs. 2,94,19,950/- and Rs. 36,86,000/- without any seized material for the relevant assessment year. The Tribunal affirmed the CIT(A)'s deletion of these additions, holding the AO's action contrary to binding precedents. Treatment of Competing Arguments: The Revenue argued incriminating material justified the additions, but the Tribunal found no such material linked to the impugned year. The assessee's reliance on favorable tribunal orders was accepted. Conclusion: Additions in unabated assessments without seized incriminating material are invalid and must be deleted. 2. Scope and Applicability of Section 153A Regarding Pending and Completed Assessments Legal Framework and Precedents: Section 153A requires the AO to assess or reassess total income for six years preceding the search. The second proviso mandates abatement of pending assessments on the date of search but does not abate completed assessments. The Tribunal extensively analyzed the Hon'ble Bombay High Court decision in CIT vs Continental Warehousing Corporation (Nhava Sheva) Ltd. (2015) 374 ITR 645 (Bom), which clarified that completed assessments retain finality unless incriminating material found during search contradicts them. The Special Bench decision in All Cargo Global Logistics (137 ITD 287 (SB) (Mum)) was also discussed, emphasizing that the jurisdiction of AO merges for pending assessments but completed assessments cannot be disturbed without new incriminating evidence. Court's Interpretation and Reasoning: The Tribunal interpreted section 153A in harmony with section 132(1), which authorizes search on grounds including possession of undisclosed income or documents. It concluded that assessments pending on the date of search abate and are merged into a single assessment under section 153A, but completed assessments remain final unless new incriminating material is found. Key Evidence and Findings: The Tribunal noted that on the date of search, no scrutiny proceedings were pending for the relevant year, confirming the assessment was completed. The AO's attempt to add income without seized material was thus contrary to law. Treatment of Competing Arguments: The Revenue contended that section 153A allows reassessment of all six years and that no double taxation arises. The Tribunal rejected this, relying on judicial precedents that limit reassessment in completed years absent incriminating material. Conclusion: Section 153A does not authorize additions in completed assessments without seized incriminating material. Pending assessments abate and merge into the section 153A assessment, but completed assessments maintain finality. 3. Treatment of Declared Agricultural Income as Unexplained Income Legal Framework: The AO treated declared agricultural income of Rs. 36,80,000/- as unexplained due to lack of suitable explanation and evidence. Court's Interpretation and Reasoning: The Tribunal noted the absence of incriminating material and the assessee's declaration of agricultural income. It found no justification for treating it as unexplained income in absence of contrary evidence. Application of Law to Facts: Since the agricultural income was declared and no contrary incriminating material was found, the addition was unjustified. Conclusion: The agricultural income declared by the assessee cannot be treated as unexplained income without supporting incriminating evidence. 4. Binding Nature of Judicial Precedents on Assessing and Appellate Authorities Legal Framework and Precedents: The Supreme Court's ruling in CIT vs Ralson Industries Ltd. was cited, emphasizing that lower authorities are bound by higher court decisions and failure to comply may amount to civil contempt. Court's Interpretation and Reasoning: The Tribunal underscored the principle of judicial discipline, holding that the AO and CIT(A) must follow binding precedents, especially regarding additions in unabated assessments without incriminating material. Application of Law to Facts: The Tribunal found that the AO's order lacked application of mind and failed to adhere to binding precedents, justifying interference. Conclusion: Judicial precedents are binding and must be followed by assessing and appellate authorities to maintain judicial discipline and avoid civil contempt. Significant Holdings "The AO cannot make addition without any reference to the seized material in the order passed u/s 143(3) r.w.s. 153A of the Act for the AY.2008-09, 2009-10 and 2010-11. In these orders the AO has made the regular addition without reference to any seized material. In view of this, the AO is hereby directed to delete the following additions made..." "When an order is passed by a higher authority, the lower authority is bound thereby keeping in view the principles of judicial discipline. This aspect of the matter has been highlighted by this Court in Bhopal Sugar Industries vs Income Tax Officer, Bhopal (AIR 1961 SC 182)..." "On initiation of proceedings u/s 153A of the Act, the reassessment final for assessment years covered u/s 153A of the Act stands abated only if pending on the date of search. Completed assessments do not abate and cannot be disturbed unless incriminating material found during search contradicts the finality." "Once there is no incriminating material and assessment is concluded without any incriminating material, no addition or disallowance based on assessee's documents can be made." The Tribunal confirmed the order of the CIT(A) deleting the additions made by the AO for the assessment year 2010-11, holding that in the absence of seized incriminating material relating to the impugned year, additions cannot be sustained. The principles established include:
Accordingly, the appeal filed by the Revenue was dismissed, upholding the deletion of additions and affirming the finality of the completed assessment in the absence of incriminating material seized during the search.
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