No Enhancement of income without any reference to the incriminating materials found as a result of the search in the assessments framed u/s.153A/153C of the Income Tax Act,1961

Last updated: 06 January 2021

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This Income Tax Appellate Tribunal ruling addresses whether income can be enhanced under sections 153A/153C of the Income Tax Act without any reference to incriminating materials found during a search. The appeals concern assessment years 2007-08 and 2013-14 for M/s. Saravana Realty Pvt. Ltd. The core issue is the validity of enhancements made by the Commissioner of Income Tax (Appeals) when no relevant materials were seized from the assessee.

Court :
ITAT Chennai

Brief :
These two appeals are filed by the assessee are directed against separate, but identical orders of learned CIT(A) -19, Chennai both dated 07.12.2017 and pertain to assessment years 2007-08and 2013-14. Since, the facts are identical and issues are common, for the sake of convenience, they were heard together and are disposed of by way of this consolidated order.

Citation :
ITA 697/CHNY/2018

IN THE INCOME TAX APPELLATE TRIBUNAL ,
‘C’ BENCH, CHENNAI

BEFORE SHRI V.DURGA RAO, JUDICIAL MEMBER
AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER
/I.T.A.No.696 & 697/Chny/2018
Assessment Year : 2007-08 & 2013-14 )

M/s. Saravana Realty Pvt.Ltd
KGS Corporate House,
63, Kamaraj Avenue Road 1st Street,
Adyar,Chennai-600 020.
PAN: AAKCS0474R
Appellant

The Deputy Commissioner of
Income Tax,
Central Circle-3(4)
Chennai-600 034.
Respondent

Appellant by : Mr. R.Meenakshi Sundaram,
Advocate
Respondent by : Mr Abani Kanta Nayak, CIT &
Mr G.Johnson, Addl.CIT
Date of hear ing : 17.12.2020
Date of Pronouncement : 31.12.2020

O R D E R

PER BENCH:

These two appeals are filed by the assessee are directed against separate, but identical orders of learned CIT(A) -19, Chennai both dated 07.12.2017 and pertain to assessment years 2007-08and 2013-14. Since, the facts are identical and issues are common, for the sake of convenience, they were heard together and are disposed of by way of this consolidated order.

2. The assessee has more or less raised common grounds of appeal for the above mentioned assessment years, therefore, for the sake of brevity, grounds of appeal filed for the assessment year 2007-08 in ITA No.696/Chny/2018 are reproduced as under:-

“1. The Order of the Commissioner of Income Tax (AppeaIs)-1, Chennai dated 12-12-2017 in ITA No.260/2015- 16 enhancing the assessment to the extent of Rs.15,000/- and Rs47,053/- in a proceeding u/s.153A/153C of the Act consequent to the search conducted on a party other than the appellant-assessee and in which no material relevant to the enhancement made by the Commissioner was seized, is without jurisdiction, barred by limitation, against the provisions of law and contrary to the facts and circumstances of the case.

To know more in details find the attachment file

FAQ :

The main issue is whether the Income Tax department can enhance an assessee's income under sections 153A/153C of the Income Tax Act without linking the enhancement to any incriminating materials found during a search.

Sections 153A and 153C of the Income Tax Act, 1961, are relevant to these appeals, concerning assessments made consequent to a search.

The assessee argued that the order enhancing their assessment was made without jurisdiction, was barred by limitation, and was contrary to law and facts, particularly because no material relevant to the enhancement was seized.

The appeals cover the assessment years 2007-08 and 2013-14.

The appellant was M/s. Saravana Realty Pvt. Ltd.