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Income Tax Appellate Tribunal, NAGPUR BENCH : NAGPUR
Before: SHRI SATBEER SINGH GODARA & DR. DIPAK RIPOTE
PER SATBEER SINGH GODARA, J.M.:
These Revenue’s twin appeals, for assessment years 2007-2008 & 2008-2009, arise against the CIT(A)-3, Nagpur’s as many separate orders nos.CIT(A)-3/13 & 14/2016-17, both dated 29.12.2017, involving proceedings u/s. 143(3) r.w.s.
153A of the Income Tax Act, 1961 (in short “the Act”); respectively. None appeared for assessee despite service of notice. It is accordingly proceeded ex-parte. 2 I.T.A.Nos.37 & 38/NAG./2018
We find with the able assistance coming from the Revenue side that it’s identical former substantive grievance in both these cases is legal in nature wherein it seeks to reverse the CIT(A)'s findings holding these twin assessments as not sustainable in law for want of the corresponding incriminating material found and seized during the course of the search action herein dated 08.08.2012.
We wish to make it clear that both these are “unabated” assessment years 2007-08 and 2008-09 as on the date of the search wherein the assessee had duly filed it’s sec.139(1) returns followed by the processing thereof u/sec.143(1) of the Act. This is indeed coupled with the fact that all what the learned Assessing Officer had done in both these cases was to enhance the assessee’s income treating it’s book results as an instance of decline in yield of refined oil.
Meaning thereby that he had gone by the assessee’s regular book results only than making any addition based on the relevant incriminating material seized during the course of search. This clinching factual position has gone un-rebutted from the Revenue side during the course of hearing before us.
We find in this factual backdrop that hon’ble apex court’s recent landmark decision in PCIT vs., Abhisar Buildwell P. Ltd., [2023] 149 taxmann.com 399 (SC) has already settled the very issue in assessee’s favour and against
3 I.T.A.Nos.37 & 38/NAG./2018 the department that any addition made in the course of an ‘unabated assessment’ framed u/sec.153A has to be based on the seized material only. We reject the Revenue’s instant twin appeals on this legal issue itself therefore. Ordered accordingly.
All other Revenue’s pleadings on merits stand rendered academic.
These Revenue’s twin appeals ITA.Nos.37 & 38/Nag./ 2018 are dismissed in above terms. A copy of this common order be placed in the respective case files.
Order pronounced in the open Court on 28.09.2023.