THE PR. COMMISSIONER OF INCOME-TAX vs. M/S CHAITANYA PROPERTIES PVT LTD

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ITA/465/2022HC KarnatakaKAHC01044011202228 January 2025Bench: KRISHNA S DIXIT,G BASAVARAJA4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court declined to grant indulgence and dismissed the appeal at the admission stage. The Court noted that the ITAT, in paragraph 12 of its impugned order, had explicitly stated that none of the additions made in the appeals were based on any incriminating material found during the search in the case of M/s. Srinivasa Trust. The Tribunal further relied on the Karnataka High Court's decision in M/s. Delhi International Airport Pvt. Ltd., which held that in unabated assessments completed prior to a search, no addition can be made under Section 153C without material found during the search. The High Court found no fault with the Tribunal's observations and concluded that the appeal lacked merit. The operative direction was to dismiss the appeal.

What were the facts?

The Revenue, represented by the Principal Commissioner and Deputy Commissioner of Income-Tax, has filed an appeal before the High Court of Karnataka challenging an order passed by the Income Tax Appellate Tribunal (ITAT). The ITAT's order, dated April 19, 2022, had dismissed the Revenue's appeal in ITA Nos. 494-497/BANG/2021. This decision confirmed a common order dated March 31, 2021, passed by the Appellate Commissioner, which in turn had upheld the order of the Deputy Commissioner of Income-Tax. The assessment years under consideration are 2011-12, 2012-13, 2013-14, 2014-15, and 2015-16. The dispute revolves around additions made by the assessing authority.

What were the issues?

The High Court was asked to decide the following substantial questions of law: 1. Whether the Tribunal was correct in deleting additions made by the assessing authority, holding that no incriminating materials were found, despite materials found during a search in the case of M/s. Srinivasa Trust being seized and satisfaction recorded under Section 153C of the Income Tax Act, 1961. 2. Whether the orders of the Tribunal and CIT(A) were perverse in holding that additions made by the assessing authority could not be sustained, ignoring the mandate of Sections 153A and 153C of the Act. 3. Whether the Tribunal was correct in deleting additions, ignoring the findings of the assessing authority. The Revenue contended that the additions were based on incriminating materials found during a search and subsequent satisfaction recorded under Section 153C. The Revenue argued that the Tribunal and CIT(A) erred in deleting these additions, disregarding the provisions of Sections 153A and 153C. The Assessee argued that the additions could not be sustained without incriminating material found in the course of the search, citing the decision in M/s. Delhi International Airport Pvt. Ltd.

Which sections of the Income-tax Act were involved?

Section 153C,Section 153A

AI-generated summary — verify with the full judgment below

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NC: 2025:KHC:3792-DB ITA No. 465 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA INCOME TAX APPEAL NO. 465 OF 2022 BETWEEN:

1.

THE PR. COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE, C R BUILDING, 3RD FLOOR, QUEENS ROAD, BENGALURU 560 001.

2.

THE DEPUTY COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE 2(1), C R BUILDING, 3RD FLOOR, QUEENS ROAD, BENGALURU 560 001. …APPELLANTS (BY SRI.M DILIP.,ADVOCATE AND SRI.Y V RAVIRAJ., ADVOCATE)

AND:

M/S CHAITANYA PROPERTIES PVT LTD NO.17, SANKEY ROAD, BENGALURU 560 020. PAN AAACC 5900A …RESPONDENT (BY SRI. CHANDRASEKHAR V.,ADVOCATE)

THIS ITA / INCOME TAX APPEAL UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 19/04/2022 PASSED IN ITA NO.496/BANG/2021, FOR THE ASSESSMENT YEAR 2014-2015 PRAYING TO I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND II. ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO. 496/BANG/2021 DATED 19/04/2022 FOR ASSESSMENT YEAR 2014-2015 ANNEXURE-C CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRMING

Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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NC: 2025:KHC:3792-DB ITA No. 465 of 2022

THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), BENGLAURU AND ETC.,

THIS ITA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT AND HON'BLE MR JUSTICE G BASAVARAJA

ORAL JUDGEMENT

(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)

This Appeal by the Revenue calls in question the order dated 19.04.2022 whereby the Income Tax Appellate Tribunal has negatived Revenue’s Appeal in ITA No.494- 497/BANG/2021 and thereby, has affirmed common order dated 31.03.2021 for the Assessment Years 2011-12, 2012-13, 2013-14, 2014-15 & 2015-16.

2.

The Revenue has framed the following substantial questions of law: “1. Whether, on the facts and in the circumstances of the case and law, the Tribunal is right in law in deleting the additions made by assessing authority by holding that there are no incriminating materials on which additions are made ignoring that the incriminating materials were found against assessee in search conducted in case of M/s. Srinivasa Trust, KBD Sugars & Distilleries which were seized and subsequently satisfaction was recorded on 14/09.2018 in

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NC: 2025:KHC:3792-DB ITA No. 465 of 2022

pursuance to the provisions of Section 153C of the Act.

2.

Whether, on the facts and in the circumstances of the case and law, Tribunal and CIT(A)’s orders can be said as perverse in holding that additions made by assessing authority cannot be sustained in law ignoring mandate of sections 153A and 153C of the Act?

3.

Whether on the facts and in the circumstances of the case, the Tribunal is right in law deleting additions ignoring findings of the assessing authority?”

3.

Having heard the learned Panel Counsel for the Revenue and Mr. Shankar learned Sr. Advocate appearing for the Assessee, we decline indulgence in the matter since the above questions of law do not arise for consideration in view of what the Tribunal has observed at Paragraph No.12 of the impugned order which reads as under: “12….. Admittedly, none of the additions made in these 4 appeals are based on any incriminating material found in the course of search in the case of M/s. Srinivasa Trust on 23.09.2016. In such a scenario, the additions made in the order of Assessment cannot be sustained. As far as the decision on the Hon’ble Karnataka High Court in the case of Canara Housing Development Co. Ltd., 48 taxmann.com 98 (Karn.), the Hon’ble Karnataka High Court in the decision rendered in the case of M/s. Delhi International Airport Pvt. Ltd. ITA No.322/2018 order dated 29.9.2021, wherein the

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NC: 2025:KHC:3792-DB ITA No. 465 of 2022

law was explained that in an unabated assessments completed prior to search, there can be no addition in an Assessment under section 153C of the Act without material having been found in the course of search. The earlier decisions rendered by the Hon’ble Karnataka High Court and other High Courts were duly considered and there is no dispute on this aspect and the fact that the said decision is the law as of today on the subject rendered by the Hon’ble Karnataka High Court.”

Despite turning the Appeal papers, nothing is demonstrated as to how the above observations of the Tribunal can be faltered.

In the above circumstances, this Appeal being unworthy of merits, dismissed at the stage of Admission, costs having been made easy.

Sd/- (KRISHNA S DIXIT) JUDGE

Sd/- (G BASAVARAJA) JUDGE

Bsv List No.: 1 Sl No.: 24

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