Whether addition can be made on items in respect of which no incriminating material is found in search in assessement under sec 153A

Last updated: 21 June 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
Opinion amongst different benches of the Tribunal in respect of scope of assessment framed u/s 153A, i.e. whether addition can be made on items in respect of which no incriminating material is found in search. The decisions in favour and against of the assessee have also been listed. That is why, two questions have been referred to special bench. The issue has also been considered by Hon’ble President, ITAT, who has constituted the special bench to consider the two questions. Although it is a trite to say that the decision has to be taken on the facts and circumstances of the case, yet it is clear that various issues have been considered by the division bench and the Hon’ble President and, therefore, question No. 1 can not be taken as additional ground. In any case the revenue has taken no objection at the time of hearing before the division bench and now it is too late to take any such objection.

Citation :
M/s. All Cargo Global Logistics Ltd. 5th Floor, Diamond Square, C.S.T. Road, Kalina, Santacruz (E), Mumbai – 400 098. (Appellant) Vs. DCIT, Central Csircle-44, Aayakar Bhavan, M.K. Road, Mumbai – 400 020. (Respondent)