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Facts
The Revenue filed an appeal against the CIT(A)'s order for assessment year 2007-08, which stemmed from proceedings under Section 143(3) r.w.s. 153A of the Income Tax Act, 1961. A search was conducted on the assessee's premises on 11.03.2011, leading to the assessment framed on 26.12.2011.
Held
The Tribunal rejected the Revenue's request for an adjournment, noting that no additions were made by the Revenue based on the seized material. The Tribunal held that assessments under Section 153A are to be based solely on specific seized material.
Key Issues
Whether the assessment initiated under Section 153A was valid without additions based on seized material and whether an adjournment for a status report should be granted.
Sections Cited
143(3), 153A, 1961
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Income Tax Appellate Tribunal, “DB” BENCH, AGRA
Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL
ORDER
PER SATBEER SINGH GODARA, JUDICIAL MEMBER:
This Revenue’s appeal for assessment year 2007-08 arises against Commissioner of Income Tax (Appeals), [in short, the “CIT(A)”] Gwalior’s order dated 12.01.2017, passed in case No. 862/IT/2011-12/Gwl, involving proceedings under Section 143(3) r.w.s. 153A of the Income Tax Act, 1961, [hereinafter referred to as ‘the Act’].
Coming to the Revenue’s instant appeal, we note at the outset that the learned departmental authorities had conducted the search in question in assessee’s case on 11.03.2011 leading to initiation of Section 153A proceedings culminating in the Assessing Officer’s assessment framed on 26.12.2011 making the additions in question. There could be hardly any dispute that we are dealing with an “unabated” assessment as on the date of search wherein any additions has to be made in the assessee’s hands based on the specific seized material only as per PCIT Vs. Abhisar Builwell P. Ltd. (2023) 454 ITR 212 (SC).
Learned CIT-DR at this stage seeks to postpone the hearing in the instant Revenue’s appeal on the ground that the necessary status report is yet to come from the field authorities.
We are of the considered view that given facts that there is no addition made on the basis of the seized material, we reject the Revenue’s instant adjournment as well as the main appeal in very terms.
Revenue’s appeal is dismissed.
Order pronounced in the open court on 12.02.2025