DCIT CC 7(2), MUMBAI vs. RUCHI SOYA INDUSTRIES LTD, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal upheld the CIT(A)'s decision to delete the addition. The addition was made in an unabated assessment year without any incriminating material found during the search, which is contrary to the Bombay High Court's ruling.
What were the facts?
The Revenue conducted a search and seizure operation on the assessee, leading to an assessment under Section 153A. The Assessing Officer added notional interest on interest-free advances given by the assessee.
What were the issues?
Whether additions can be made in an unabated assessment year under Section 153A without incriminating material seized during a search.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
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- CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd.1,823 citing374 ITR 645 · 2015 · HC
Income Tax Appellate Tribunal, “D” Bench, Mumbai
O R D E R Per B.R. Baskaran (AM) :-
The appeal filed by the Revenue is directed against the order dated 1.9.2016 passed by the learned CIT(A)-49, Mumbai and it relates to A.Y. 2009- 10. The Revenue is aggrieved by the decision of the learned CIT(A) in holding that no addition can be made in the hands of the assessee in the assessment made u/s. 153A of the Act for the year under consideration in the absence of incriminating material supporting the said addition.
We have heard the parties and perused the record. The assessee- company is engaged in the business of manufacture and sale of edible oil Vanaspati and allied products. The Revenue carried out search and seizure operation u/s. 132 of the Act in the hands of the assessee on 29.1.2013. Consequently, assessment of the year under consideration was reopened and completed u/s. 153A of the Act. The Assessing Officer added notional interest expenditure on the advances given by the assessee interest free to three parties.
3. In the appellate proceedings, the learned CIT(A) noticed that there was no incriminating material with regard to addition made by the Assessing Officer
2 M/s. Ruchi Soya Industries Limited and the Hon'ble Bombay High Court has held in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. 374 ITR 645 that addition can be made in the case of assessment years, which are not abated, only on the basis of incriminating material seized during the course of search. Since the year under consideration was unabated assessment year and since no incriminating material was found supporting the disallowance made by the Assessing Officer, the learned CIT(A) held that notional interest of ` 149.48 lakhs made by the Assessing Officer is liable to be deleted. The Revenue is aggrieved by the decision so rendered by the learned CIT(A).
We have heard the parties and perused the record. There is no dispute with regard to the fact that the year under consideration falls under the category of unabated assessment and hence as per decision rendered by Hon'ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva) Ltd. (supra), addition could be made only on the basis of incriminating material found during the course of search. Admittedly, no incriminating was found to support the addition of notional interest of ` 149.48 lakhs referred supra. Under these set of facts, the learned CIT(A) has deleted the addition by following the decision rendered by Hon'ble Bombay High Court in the above said case.
Since, the learned CIT(A) has followed binding decision rendered by Hon'ble Bombay High Court, we do not find any reason to interfere with the order passed by him.
In the result, appeal filed by the Revenue is dismissed. Order has been pronounced in the Court on 18.4.2018.
More judgments on Section 153A
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Deputy Commissioner of Income Tax, Central… vs Ig3 Infra Limited, KanchipuramITA 2578/CHNY/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Deputy Commissioner of Income Tax, Central… vs Ig3 Infra Limited, OggiamthoraipakkaITA 2577/CHNY/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Deputy Commissioner of Income Tax, Central… vs Shanmugham Thiagarajan, ChennaiITA 2576/CHNY/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
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