DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR vs. M/S VISION ESTATES PVT. LTD., JAIPUR

ITA 266/JPR/2022Status: DisposedITAT Jaipur24 May 2023AY 2016-17Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLEH JAYANTBHAI (Accountant Member)79 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that in search cases, the Assessing Officer cannot make additions or re-assessments based on other material for completed assessments if no incriminating material is found during the search. The jurisdictional requirement of Section 153A was not satisfied.

What were the facts?

The Revenue filed appeals against the CIT(A)'s order which deleted additions made under Section 153A. The assessee had filed original returns, and a search was conducted later. The CIT(A) held that no additions could be made under Section 153A without incriminating material unearthed during the search.

What were the issues?

Whether additions can be made under Section 153A without incriminating material found during a search for completed assessments. Whether the land in question qualifies as a capital asset for capital gains tax.

Which sections of the Income-tax Act were involved?

Section 153A,Section 143(3),Section 147,Section 148,Section 2(14)

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Cases cited in this judgment(23)Show list

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Heard together (4 matters)

ITA. Nos. 264/JP/2022
C.O. Nos. 13/JP/2022
ITA. Nos. 265/JP/2022
C.O. Nos. 14/JP/20

Read from the judgment's own cause title. This page is filed under one of them.

` आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”B” JAIPUR Mk0 ,l- lhrky{eh] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLEH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 264/JP/2022 fu/kZkj.k o"kZ@Assessment Years : 2016-17 cuke Deputy Commissioner of M/s Rigid Conductors (Raj.)

Vs.

Income-Tax Pvt. Ltd.

Central Circle-03, Jaipur Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAACR 8880 N vihykFkhZ@Appellant izR;FkhZ@Respondent vk;dj vihy la-@C.O. Nos. 13/JP/2022 (Arising out of ITA Nos. 264/JP/2022) fu/kZkj.k o"kZ@Assessment Years : 2016-17 cuke M/s Rigid Conductors (Raj.)

Income-Tax Central Circle-03, Jaipur Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAACR 8880 N vihykFkhZ@Appellant izR;FkhZ@Respondent vk;dj vihy la-@ITA. Nos. 265/JP/2022 fu/kZkj.k o"kZ@Assessment Years : 2016-17 cuke Deputy Commissioner of M/s Chokhi Dhani Developers Vs.

Income-Tax Pvt. Ltd.

Central Circle-03, Jaipur Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAACC 7034 P vihykFkhZ@Appellant izR;FkhZ@Respondent vk;dj vihy la-@C.O. Nos. 14/JP/20

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