SHRI MAHESH D. GUPTA,NAGPUR vs. ACIT-CENTRAL-CIRCLE-2(3), NAGPUR

ITA 183/NAG/2014Status: DisposedITAT Nagpur29 March 2019AY 2004-056 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that for a non-abated assessment, additions can only be made if supported by incriminating seized material. Since no such material was found linking to the addition, the addition was unsustainable.

What were the facts?

The assessee's assessment was completed under Section 153A r.w.s. 143(3) following a search action. The addition of Rs. 37,23,327/- was made on account of expenses already accounted for in the books, without any specific seized material linking to this addition.

What were the issues?

Whether additions can be made in a non-abated assessment under Section 153A without any incriminating seized material directly linking to the addition.

Which sections of the Income-tax Act were involved?

Section 153A,Section 143(3),Section 131,Section 139

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Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR

Before: SHRI D. KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM

For Appellant: Shri Rajesh Loya, Adv
Hearing: 27.03.2019Pronounced: 29.03.2019

PER D. KARUNAKARA RAO, AM: This appeal is filed by the assessee against the order of CIT(A)- 16, Mumbai [holding concurrent juri iction of CIT(A)-I, Nagpur] dated 04.12.2013 for the Assessment Year 2004-05. 2

2.

Before us, at the outset, deviating from the grounds of appeal, ld. counsel for the assessee submitted that this is a case where the assessment was completed u/s 153A r.w.s. 143(3) of the Act. Referring to the said assessment order, ld. counsel submitted that the disallowance of Rs.3

The order continues below.

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