SRI. DCIT CEN CIR-22, MUMBAI vs. SHRIPAL S. MORAKHIA, MUMBAI
What did the Tribunal hold?
The Tribunal held that the assessment made under Section 143(3) read with Section 153A was not in accordance with law. This was because the search and seizure action was initiated more than a year after the initial processing under Section 143(1), and no incriminating material was found to warrant such reassessment.
What were the facts?
The Revenue appealed against the CIT(A)'s order deleting an addition made by the AO under Section 41(1). The AO had added an amount credited to the capital account on account of cessation of liability and disallowed excess set off of short-term capital loss. The assessee's return was processed under Section 143(1), and a search under Section 132 was conducted later.
What were the issues?
The primary issue was the legality of reassessment under Section 153A when no incriminating material was found during a search conducted after the initial assessment period. The Tribunal also considered whether the cessation of liability was revenue or capital receipt.
Which sections of the Income-tax Act were involved?
Section 41(1),Section 132,Section 153A,Section 143(1),Section 143(3)
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide 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.
- CIT v. Kabul Chawla3,235 citing380 ITR 573 · 2016 · HC · Read judgment
- CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd.1,823 citing374 ITR 645 · 2015 · HC
- Jai Steel (India) v. ACIT224 citing259 CTR 281 · 2013 · HC · Read judgment
Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
Before: SHRI R.C.SHARMA, AM & SHRI AMARJIT SINGH, JM
O R D E R
PER AMARJIT SINGH, JM:
The revenue has filed the present appeal against the order dated 20.12.2007 passed by the Commissioner of Income Tax (Appeals) IV, Mumbai [hereinafter referred to as the “CIT(A)”] relevant to the A.Y.2000-01.
The revenue has raised the following ground:-
A.Y. 2000-01 “1.a On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the addition made by the A.O. u/s.41(1) though the A.O. had made speaking order on the addition. 1.b. On the facts and circumstances of the case and in law, the CIT(A) erred in ignoring the fact that a collusive arrangement existed between the assessee and the bank which made the latter to furnish certificate to I.T. Department contrary to accepted banking policy and norms regarding write off of irrecoverable loans.
2. The appellant craves to leave to add, to amend and / or to alter any of the grounds of appeal, if need be.
3. The appellant, therefore, prays that on the grounds stated above, the order of the CIT(A)-IV, Mumbai may be set aside and that of the Assessing Officer restored.
3. The brief facts of the case are that the assessee filed his return of income on 31.10.2000 declaring total income to the tune of Rs.3,82,76,438/-. The return was processed u/s.143(1) of the Income Tax Act, 1961 ( in short “the Act”) on 27.02.2002. There was a search and seizure action u/s.132 of the Act on SSKI group and by warrant dated 01.08.2003, assessee’s residence at 6A/2, Prithvi Apartments, 21, Altamount Road, Mumbai and his office with other group companies were covered under search. The search upon the assessee was finally concluded on 06.09.2003. Notice u/s.153A of the Act was issued on 23.04.2004. In response to the said notice, return of income declaring loss to the tune of Rs.3,82,76,438/- was filed on 28.05.2004. Notice u/s.143(2) of the Act was issued on 21.04.2005. A.Y. 2000-01 Detailed questionnaires u/s.142(1) were issued on 08.08.2005 and 14.12.2005. The assessee derives business income being professional fee, trading in shares and income from other source being interest and rent from sublet property. During the previous year, the assessee sold residential property, capital gain arising out of which has been offered as long term capital gain. The assessee has credited an amount of Rs.1,74,61,842/- in the capital account on account of cessation of liability but the said amount was not included in taxable income, therefore, the said amount was added to the income of the assessee and it was also found that the assessee has claimed excess set off Short Term Capital Loss to the tune of Rs.1,21,770/-, therefore, the same was disallowed and added to the income of the assessee. Thereafter, the total income of the assessee was assessed to the tune of Rs.5,99,39,389/-. Feeling aggrieved the assessee has filed the appeal before the CIT(A) who allowed the claim of the assessee, therefore the revenue has filed the present appeal before us. LEGAL ISSUES:-
4. The assessee has raised the legal issues before us regarding the legality of the order passed by the Assessing Authority. The learned representative of the assessee has argued that the Assessing Officer has reassessed the income of the assessee in view of the provision u/s.143(3) r.w.s. 153A of the Act which is wrong against law and facts specifically on the ground of that the search and seizure action was 3 A.Y. 2000-01 taken and was finally concluded against the assessee on 06.09.2003 but nothing incriminating material was found which leads to the reassessment of the income of the assessee, therefore the assessment order dated 28.03.2006 and subsequently the order passed by the CIT(A) in question are wrong against law and facts in view of the law settled in [2015] 374 ITR 645 titled as Commissioner of Income Tax Vs. Continental Warehousing Corporation (Nhava Sheva) Ltd. and All Cargo Global Logistics Ltd. and Bombay High Court in case of CIT Vs. Murli Agro Products Ltd. (ITA No.36 of 2009) and 259 CTR 281 (Raj.) in case titled as Jai Steel (India) Vs. Asst. CIT and 380 ITR 573 (Del) in case titled as CIT Vs. Kabul Chawla. However, on the other hand the learned representative of the department has refuted the said contentions. It is not in dispute that the assessee has filed his return of income on 31.10.2000 declaring total income to the tune of Rs.3,82,76,438/-. The return was processed u/s.143(1) of the Act on 27.02.2002. Thereafter, the search and seizure action u/s.132 of the Act was initiated against SSLO group and against the assessee by virtue of warrant dated 01.08.2003. No doubt the search action was taken after the expiry of one year while the return u/s.143(1) of the Act was processed on 27.02.2002. Thereafter, the notice was given to the assessee u/s.153A of the Act and the assessee filed the return of income declaring total loss to the tune of Rs.3,82,76,438/-. On appraisal of an entire order, it came into the notice that during the assessment cession of the liabilities by the bank was considered as 4
More judgments on Section 41(1)
- ACIT, Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 328/AGR/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
- ACIT, Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 327/AGR/2025[2021-22]Status: Disposed16 Oct 2026AY 2021-22
- ACIT, Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 326/AGR/2025[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- ACIT-Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 325/AGR/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Morlidhar B Vamdote, Bardoli vs ITO, Ward-1, BardoliITA 1174/SRT/2025[2017-18]Status: Disposed1 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- M/S. Sikka Motors PVT LTD vs. Union Of INDIA & Anr.Delhi · 27 Oct 2026
- Shri Yaras Suresh Babu Prabhu Kumar vs. The Union Of INDIATelangana · 27 Oct 2026
- Santa Singh vs. SuperintendentUttarakhand · 27 Oct 2026
- Azaad Builders vs. Assistant Commissioner SGSTUttarakhand · 27 Oct 2026