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Facts
These appeals were recalled by the Tribunal for reconsideration of seized material. The Assessing Officer (AO) had not made any additions based on the seized material found during search operations.
Held
The Tribunal held that since no additions were made based on the seized material, its non-consideration does not impact the total income determination. Therefore, the previous orders of the Tribunal continue to hold the field.
Key Issues
Whether the non-consideration of seized material, when no additions were made based on it, affects the income determination.
Sections Cited
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Income Tax Appellate Tribunal, COCHIN BENCH
Before: SHRI INTURI RAMA RAO, AM & SHRI RAHUL CHAUDHARY, JM
O R D E R Per: Inturi Rama Rao, AM These are appeals recalled by this Tribunal vide order in MA Nos. 132 to 134/Coch/2019 dated 19.02.2025 for non consideration of the seized material produced before the Tribunal.
We heard the learned counsel for the assessee and learned CIT-DR at length. On a careful perusal of the assessment order, we find that the AO had not made any addition based on the seized material found during the course of search operations. Therefore, even non consideration of the seized material does not have any to 273/Coch/2016 Pelexy K. Varghese impact in determination of the total income. In the circumstances, the orders passed by the Tribunal also hold the field. The orders passed by this Tribunal in the earlier round of proceedings shall form integral part of this order. As a result of these orders, there would not be any variation in terms of the orders passed by this Tribunal earlier.
In the result, the appeals filed by the assessee stand disposed off.
Order pronounced in the open court on 28th August, 2025.