DCIT,CENTRAL CIRCLE-18, NEW DELHI vs. ANANT OVERSEAS P.LTD, NEW DELHI

PDF · subscribers
ITA 4905/DEL/2017Status: DisposedITAT Delhi17 September 2021AY 2011-124 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that in the absence of any incriminating material found during the search, no fresh additions could be made under Section 153A. The Tribunal upheld the CIT(A)'s order which had already granted substantial relief regarding the Section 14A disallowance.

What were the facts?

The assessee, a non-banking financial company, had its original assessment completed with a disallowance under Section 14A. Subsequently, a search operation led to a notice under Section 153A. The CIT(A) deleted most of the Section 14A disallowance from the original assessment and noted that no incriminating material was found during the search.

What were the issues?

Whether additions can be made under Section 153A when no incriminating material is found during a search, and whether the CIT(A) correctly deleted a significant portion of the Section 14A disallowance.

Which sections of the Income-tax Act were involved?

Section 14A,Section 153A,Section 143(3)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, DELHI BENCH ‘A’ NEW DLEHI

Before: SHRI PRASHANT MAHARISHI & SHRI K. NARASIMHA CHARY

Hearing: 08.07.2021

PER K. NARASIMHA CHARY, J.M. Aggrieved by the order dated 08.05.2017 passed by the Commissioner of Income Tax (Appeals)-29, New Delhi ("Ld. CIT(A)") in the cases of Anant Overseas P. Ltd. (“the assessee”) for the assessment year 2011-12, Revenue preferred this appeal.

2.

Assessee is a non banking financial company engaged in making investments and to deal in shares and securities. They have filed their return of income on 20.09.2010 declaring business loss of Rs.4,21,13,627/-. Assessment u/s. 143(3) of the Income-tax Act, 1961 (“the Act” for short) was done by order dated 04.01.2013 by disallowing a sum of Rs.2,64,94,305/- u/s. 14A of the Act read with Rule 8D of the Rules and the business loss was assessed at Rs.1,36,59,562/-. When the assessee preferred appeal, out of total disallowance of Rs.2,64,94,305/-, ld. CIT(A) deleted the addition to the tune of Rs.2,64,58,483/- and sustained the addition of Rs.35,822/-. No further appeal was preferred by the assessee.

3.

As the matter stood thus, search and seizure operation u/s. 132 of the Act was carried out on 19.02.2014 in M/s. Uflex Group of cases and it covers the assessee also. Pursuant to notice issued u/s. 153A of the Act, the assessee filed return of income on 06.07.2015 declaring total loss at Rs.2,89,51,091/-. By order dated 29.02.2016, ld. Assessing Officer observed that inasmuch as the original assessment u/s. 143(3) was made by way of order dated 04.01.2013 at Rs.1,36,59,562/- after making disallowance u/s. 14A, the assessment u/s. 153A read with sec. 143(3) of the Act was also done at Rs.1,36,59,562/- giving credit to the tax paid.

4.

Aggrieved by such an action of the Assessing Officer, assessee preferred appeal before the ld. CIT(A) who, taking note of the appellate proceedings and the order thereunder, recorded a finding that against the first appellate order in original proceedings, Revenue preferred appeal and therefore, the additions made in the original order passed u/s. 143(3) of the Act will be subject to such order of the ITAT, and no fresh additions could be made pursuant to the notice issued u/s. 153A of the Act since no incriminating material was found during the search. With these observations, ld. CIT(A) allowed the appeal of the assessee in part. Challenging the same, Revenue preferred this appeal.

5.

It is the submission on behalf of the Revenue that the disallowance was made by the ld. Assessing Officer u/s. 14A read with Rule 8D and, therefore, same could not have been disturbed by the ld. CIT(A); whereas ld. AR submitted that in the absence of any incriminating material, no new addition could be made and since the findings of the ld. CIT(A) are in accordance with law, the grounds of appeal of the Revenue are devoid of merits.

6.

We have gone through the record in the light of submissions made on either side. It is not in dispute that no incriminating material was found during the search and the decision of Hon’ble High Court in CIT vs. Kabul Chawla, 380 ITR 573(Del), is applicable to the facts of the case.

7.

In so far as the original disallowance is concerned, in the appeal preferred against the order u/s. 143(3) of the Act, ld. CIT(A) granted relief to the assessee to the tune of Rs.2,64,58,483/- and upheld the addition of Rs.35,822/-. Ld. CIT(A) rightly observed that the Assessing Officer did not give effect to the appellate order in repeating the addition. May be because the Revenue preferred appeal before the ITAT against the order of the ld. CIT(A) granting relief to the assessee, ld. Assessing Officer might have repeated the addition. However, ld. CIT(A) in his order observed that in case the ITAT alters the order of the ld. CIT(A), such an order of ITAT will prevail and therefore, observing so, he partly allowed the appeal. Order of the ld. CIT(A) protects the interest of the Revenue and does not warrant any interference. With this view of the matter, we uphold the finding of the ld. CIT(A) and dismiss the grounds of appeal.

8.

In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open court on this the 17th day of September, 2021.

More judgments on Section 14A

All 15,875 judgments and leading authorities on Section 14A →

Recent GST High Court judgments

Search GST case law →