PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL-3 DELHI vs. ALCHEMIST LIFE SCIENCES LTD

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ITA/22/2022HC DelhiDLHC01042722202103 February 2022Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE NAVIN CHAWLA3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that since the respondent's assessments had attained finality before the search and no incriminating material was found, no additions could be made under Section 153A for non-abated assessments. The pendency of appeals before the Supreme Court did not operate as a stay.

What were the facts?

The Revenue appealed against the ITAT's order dismissing its appeals. The ITAT had held that additions under Section 153A cannot be made if not based on seized materials, especially when assessments had attained finality prior to the search.

What were the issues?

Whether additions under Section 153A are permissible when no incriminating material is found during search and the assessment is not abated. Whether pending appeals before the Supreme Court without a stay affect the finality of High Court judgments.

Which sections of the Income-tax Act were involved?

Section 153A,Section 132

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(3)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.

ITA 20/2022 and connected matters Page 1 of 3 $~S-42 to 45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 20/2022 PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL-3 DELHI

..... Appellant

Through: Mr.Abhishek Maratha, Advocate.

versus

ALCHEMIST LIFE SCIENCES LTD

..... Respondent

Through

+ ITA 21/2022 PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL-3 DELHI

..... Appellant

Through: Mr.Abhishek Maratha, Advocate.

versus

ALCHEMIST LIFE SCIENCE LTD

..... Respondent

Through

+ ITA 22/2022 PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL-3 DELHI

..... Appellant

Through: Mr.Abhishek Maratha, Advocate.

versus

ALCHEMIST LIFE SCIENCES LTD

..... Respondent

Through

+ ITA 23/2022 PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL-3 DELHI

..... Appellant This is a digitally signed Judgement. NEUTRAL CITATION NO: 2022/DHC/000444

ITA 20/2022 and connected matters Page 2 of 3

Through: Mr.Abhishek Maratha, Advocate.

versus

ALCHEMIST LIFE SCIENCES LTD

..... Respondent

Through

Date of Decision: 03rd February, 2022

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

HON'BLE MR. JUSTICE NAVIN CHAWLA

J U D G M E N T

MANMOHAN, J (ORAL) 1. The appeals have been heard by way of video conferencing.

2.

Present appeals have been filed challenging the order dated 12th 3. Learned counsel for the appellant states that ITAT has erred in holding that additions cannot be made under Section 153A of the Income Tax Act [‘Act’], if it is not based on the seized materials/documents found during the course of search and seizure operations under Section 132 of the Act, as the appeals in the case of APAR Industries Limited, ITA 1669/2013 decided by the Bombay High Court and 115 other cases are currently pending before the Supreme Court. July, 2021 passed by the Income Tax Appellate Tribunal [‘ITAT’] in ITA Nos.792, 793, 794 and 795/Del/2018, whereby the appeals of the appellant/revenue were dismissed. 4. Having perused the paperbook, this Court is of the opinion that the questions of law raised in the present appeals have been settled by the predecessor Division Bench in CIT v. Kabul Chawla, [2016] 380 ITR 573 This is a digitally signed Judgement. NEUTRAL CITATION NO: 2022/DHC/000444

ITA 20/2022 and connected matters Page 3 of 3 (Delhi) and assessment of the respondent had attained finality prior to the date of search and no incriminating materials/documents had been found and/or seized at the time of search. 5. Consequently, no addition can be made under Section 153A of the Act, as the cases of the respondent are of non-abated assessments. 6. Though some of the judgments of this Court have been challenged and are pending adjudication before the Supreme Court, yet there is no stay of the said judgments till date. 7. Consequently, in view of the judgments of the Supreme Court in Kunhayammed and Others Vs. State of Kerala And Another, (2000) 6 SCC 359 and Shree Chamundi Mopeds Ltd. Vs. Church of South India Trust Association CSI Cinod Secretariat, Madras (1992) 3 SCC 1, the present appeals are dismissed being covered by the judgment passed by the learned predecessor Division Bench.

MANMOHAN, J

NAVIN CHAWLA, J FEBRUARY 3, 2022 TS

This is a digitally signed Judgement. NEUTRAL CITATION NO: 2022/DHC/000444

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