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Facts
The Revenue filed an appeal for assessment year 2008-09 against the CIT(A)'s order, which involved proceedings under Section 153A of the Income Tax Act, 1961. The assessment was framed on 28.11.2011 after a search conducted on 11.03.2010.
Held
The Tribunal noted that no additions were made based on the seized material. The Learned CIT-DR sought an adjournment to obtain a status report from field authorities.
Key Issues
Whether the appeal filed by the Revenue is maintainable when no additions were made on the basis of seized material, and whether the adjournment sought by the Revenue 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 2008-09 arises against Commissioner of Income Tax (Appeals), [in short, the “CIT(A)”] Gwalior’s order dated 09.03.2017, in case No. 537/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 11.03.2010 leading to initiation of Section 153A proceedings culminating in the Assessing Officer’s assessment framed on 28.11.2011 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.
This Revenue’s appeal is dismissed.
Order pronounced in the open court on 12.02.2025