Assessments which do not abate and assessment & addition u/s 153A without reference to incriminating seized material is not sustainable.


Quick Summary
This ruling clarifies that income tax assessments and additions made under section 153A are invalid if they are not supported by incriminating material found during a search. The tribunal emphasised that such additions, particularly those concerning items already reflected in the assessee's balance sheet, cannot be sustained if no evidence directly linking them to undisclosed income or assets is discovered. This decision reinforces the principle that assessments must be based on concrete findings from searches.

Court :
ITAT Mumbai

Brief :
These are appeals by the assessee, against the common orderdated 31st July 2018, passed by the learned CIT(A) for the concerned assessment years as above.

Citation :
ITA no.5165/Mum./2018

IN THE INCOME TAX APPELLATE TRIBUNAL
“J” BENCH, MUMBAI

BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND
SHRI RAM LAL NEGI, JUDICIAL MEMBER

ITA no.5165/Mum./2018
(Assessment Year : 2008–09)

ITA no.5166/Mum./2018
(Assessment Year : 2009–10)

ITA no.5167/Mum./2018
(Assessment Year : 2011–12)

Shri Dinesh Salecha
4th Floor, 4–D, Vijay Chambers
Opp. Dreamland Cinema
Tribhuvan Road, Mumbai 400 004
PAN – AAOPS2280C
……………. Appellant

v/s

Dy. Commissioner of Income Tax
Central Circle–8(3), Mumbai
……………. Respondent

Assessee by : Shri Shashi Tulsiyan
Revenue by : Dr. Deepkant Prasad

Date of Hearing – 29.10.2020 
Date of Order – 01.01.2021

O R D E R

PER SHAMIM YAHYA, A.M.

These are appeals by the assessee, against the common orderdated 31st July 2018, passed by the learned CIT(A) for the concerned assessment years as above.

2. The grounds of appeal are common except for the amounts. Forthe sake of reference we are referring to grounds of appeal for assessment year 2008–09 which reads as under:–

“1. The learned Assessing officer and CIT (A) 50 erred in makingaddition under section 68 of Rs 25,00,000/- being loan fromSimran Gems without appreciating the fact that the said loan wasshown in the balance sheet of the assessee and that there was no incriminating material found in the course of search and therefore as per the principal laid down by Honourable Bombay High courtin the case of Continental Warehousing Corporation (Nahava Seva)LTD. And All Cargo Global Logestic LTD. (2015) 374 ITR645 and reaffirmed in the recent judgment CIT-20 vs DeepakKumar Agarwal ITA NO, 1709 of 2014 dated 11th September 2017no addition could be made for items for which there is not incriminating material.

To know more in details find the attachment file

FAQ :

No, according to this ruling, income tax additions and assessments made under section 153A are not sustainable if there is no incriminating material found during a search.

Section 153A deals with the assessment in case of search or requisition, allowing for the assessment or reassessment of income for specified assessment years.

Yes, the ruling suggests that if an item, such as a loan, is already shown on the assessee's balance sheet, an addition cannot be made under section 153A without specific incriminating material.

The judgement referenced decisions from the Honourable Bombay High Court in the cases of Continental Warehousing Corporation (Nahava Seva) LTD. and All Cargo Global Logistic LTD., and a recent judgement in CIT-20 vs Deepak Kumar Agarwal.

 
downloaded 290 times



Judgement posted by

Guest

Comments




CCI Pro



Company
Featured 29 October 2026
Accounts Executive

Synergy Keystone

Chennai

B.Com

View Details
Company
ARTICLESHIP 20 October 2026
CA ARTICLE

AMKN & CO

Noida

CA Inter

View Details
Company
Featured 07 November 2026
Paid Assisstant

DPV & Associates

Chennai

CA Inter

View Details
Company
19 October 2026
Accountants/Articles (Freshers/Experienced)

ADY & CO.

New Delhi

Graduate (Any)

View Details
Company
28 October 2026
Assistant Director/ Associate Director-Finance & Accounting

Krea University

Chennai

CA

View Details
Company
Featured ARTICLESHIP 28 October 2026
CA- Inter and Articles

N N V Satish & Co.,

Hyderabad

CA Inter

View Details
Company
31 October 2026
Accountants

sankaran and krishnan

New Delhi

B.Com

View Details
Company
19 October 2026
Accountant

Jari Saree Center

New Delhi

Others

View Details