ANNAI BUILDERS REAL ESTATES PRIVATE LIMITED,CHENNAI vs. ACIT, CENTRAL CRICLE 3(2), CHENNAI, CHENNAI

ITA 2580/CHNY/2025Status: DisposedITAT Chennai04 May 2026AY 2012-1329 pages
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What were the facts?

A search and seizure operation was conducted on the assessee, a flat promotion company. Subsequently, assessment orders under Section 153A were passed based on a Special Audit Report analyzing seized Tally data. The assessment years involved were 2012-13 to 2016-17, which were unabated at the time of the search.

What did the Tribunal hold?

The Tribunal held that the Tally data seized during the search, which was already part of the company's reported financials, did not constitute incriminating material. A Special Audit Report analyzing this data, prepared after the search, also cannot be treated as incriminating material for sustaining search assessments in unabated cases.

What were the issues?

Whether the Tally data seized during a search, and a subsequent Special Audit Report analyzing it, constitute 'incriminating material' to justify assessment under Section 153A for unabated assessment years.

Which sections of the Income-tax Act were involved?

Section 153A,Section 143(3),Section 142(2A),Section 245C(1),Section 245D(1),Section 139,Section 132,Section 36(1)(vii),Section 40A(3),Section 40A(3A),Section 40(a)(ia)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI ABY T VARKEY & SHRI S. R. RAGHUNATHA

Hearing: 04.02.2026Pronounced: 04.05.2026

PER BENCH :

The above batch of 5 (five) appeals have been filed by the assessee against the order(s) of the Learned Commissioner of Income Tax (Appeals) – 20, Chennai (hereinafter referred to as 'the Ld. CIT(A)'), for the Assessment Years (AY) 2012-13, 2013-14, 2014-15, 2015-16 and 2016-17, passed u/s.250 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), vide common order date

The order continues below.

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