PCIT v. Saumya Construction Pvt. Ltd.

Shri Ashokji Chanduji Thakor, Ahmedabad vs. The ITO, Ward-3(3)(1), Ahmedabad

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

…ial unearthed during the course of search and in absence of any such incriminating material, no assessment can be framed under section 153A/153C of the Act. The Ld. Counsel for the assessee placed reliance in the case of PCIT vs. Saumya Construction Pvt. Ltd. 387 ITR 292 (Gujarat). Further, the Counsel for the assessee also relied on the case of Abhisar Buildwell 454 ITR 212 (SC). Therefore, it was submitted that since the assessment itself was not framed in accordance with the scheme of the Act, there is no question of levy of penalty in the instant facts. ITA No. 210/Ahd/2020 & 08 others Shri Rohitji Chanduji…

Shri Ashokji Chanduji Thakor, Ahmedabad vs. The ITO, Ward-3(3)(1), Ahmedabad

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

…ial unearthed during the course of search and in absence of any such incriminating material, no assessment can be framed under section 153A/153C of the Act. The Ld. Counsel for the assessee placed reliance in the case of PCIT vs. Saumya Construction Pvt. Ltd. 387 ITR 292 (Gujarat). Further, the Counsel for the assessee also relied on the case of Abhisar Buildwell 454 ITR 212 (SC). Therefore, it was submitted that since the assessment itself was not framed in accordance with the scheme of the Act, there is no question of levy of penalty in the instant facts. ITA No. 210/Ahd/2020 & 08 others Shri Rohitji Chanduji…

Shri Ashokji Chanduji Thakor, Ahmedabad vs. The ITO, Ward-3(3)(1), Ahmedabad

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

…ial unearthed during the course of search and in absence of any such incriminating material, no assessment can be framed under section 153A/153C of the Act. The Ld. Counsel for the assessee placed reliance in the case of PCIT vs. Saumya Construction Pvt. Ltd. 387 ITR 292 (Gujarat). Further, the Counsel for the assessee also relied on the case of Abhisar Buildwell 454 ITR 212 (SC). Therefore, it was submitted that since the assessment itself was not framed in accordance with the scheme of the Act, there is no question of levy of penalty in the instant facts. ITA No. 210/Ahd/2020 & 08 others Shri Rohitji Chanduji…

Shri Ashokji Chanduji Thakor, Ahmedabad vs. The ITO, Ward-3(3)(1), Ahmedabad

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

…ial unearthed during the course of search and in absence of any such incriminating material, no assessment can be framed under section 153A/153C of the Act. The Ld. Counsel for the assessee placed reliance in the case of PCIT vs. Saumya Construction Pvt. Ltd. 387 ITR 292 (Gujarat). Further, the Counsel for the assessee also relied on the case of Abhisar Buildwell 454 ITR 212 (SC). Therefore, it was submitted that since the assessment itself was not framed in accordance with the scheme of the Act, there is no question of levy of penalty in the instant facts. ITA No. 210/Ahd/2020 & 08 others Shri Rohitji Chanduji…

Shri Ashokji Chanduji Thakor, Ahmedabad vs. The ITO, Ward-3(3)(1), Ahmedabad

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

…ial unearthed during the course of search and in absence of any such incriminating material, no assessment can be framed under section 153A/153C of the Act. The Ld. Counsel for the assessee placed reliance in the case of PCIT vs. Saumya Construction Pvt. Ltd. 387 ITR 292 (Gujarat). Further, the Counsel for the assessee also relied on the case of Abhisar Buildwell 454 ITR 212 (SC). Therefore, it was submitted that since the assessment itself was not framed in accordance with the scheme of the Act, there is no question of levy of penalty in the instant facts. ITA No. 210/Ahd/2020 & 08 others Shri Rohitji Chanduji…

Shri Ashokji Chanduji Thakor, Ahmedabad vs. The ITO, Ward-3(3)(1), Ahmedabad

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

…ial unearthed during the course of search and in absence of any such incriminating material, no assessment can be framed under section 153A/153C of the Act. The Ld. Counsel for the assessee placed reliance in the case of PCIT vs. Saumya Construction Pvt. Ltd. 387 ITR 292 (Gujarat). Further, the Counsel for the assessee also relied on the case of Abhisar Buildwell 454 ITR 212 (SC). Therefore, it was submitted that since the assessment itself was not framed in accordance with the scheme of the Act, there is no question of levy of penalty in the instant facts. ITA No. 210/Ahd/2020 & 08 others Shri Rohitji Chanduji…

Shri Ashokji Chanduji Thakor, Ahmedabad vs. The ITO, Ward-3(3)(1), Ahmedabad

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

…ial unearthed during the course of search and in absence of any such incriminating material, no assessment can be framed under section 153A/153C of the Act. The Ld. Counsel for the assessee placed reliance in the case of PCIT vs. Saumya Construction Pvt. Ltd. 387 ITR 292 (Gujarat). Further, the Counsel for the assessee also relied on the case of Abhisar Buildwell 454 ITR 212 (SC). Therefore, it was submitted that since the assessment itself was not framed in accordance with the scheme of the Act, there is no question of levy of penalty in the instant facts. ITA No. 210/Ahd/2020 & 08 others Shri Rohitji Chanduji…

Shri Ashokji Chanduji Thakor, Ahmedabad vs. The ITO, Ward-3(3)(1), Ahmedabad

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

…ial unearthed during the course of search and in absence of any such incriminating material, no assessment can be framed under section 153A/153C of the Act. The Ld. Counsel for the assessee placed reliance in the case of PCIT vs. Saumya Construction Pvt. Ltd. 387 ITR 292 (Gujarat). Further, the Counsel for the assessee also relied on the case of Abhisar Buildwell 454 ITR 212 (SC). Therefore, it was submitted that since the assessment itself was not framed in accordance with the scheme of the Act, there is no question of levy of penalty in the instant facts. ITA No. 210/Ahd/2020 & 08 others Shri Rohitji Chanduji…

Shri Rohitji Chanduji Thakor, Ahmedabad vs. The ITO, Ward-3(3)(1), Ahmedabad

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

…ial unearthed during the course of search and in absence of any such incriminating material, no assessment can be framed under section 153A/153C of the Act. The Ld. Counsel for the assessee placed reliance in the case of PCIT vs. Saumya Construction Pvt. Ltd. 387 ITR 292 (Gujarat). Further, the Counsel for the assessee also relied on the case of Abhisar Buildwell 454 ITR 212 (SC). Therefore, it was submitted that since the assessment itself was not framed in accordance with the scheme of the Act, there is no question of levy of penalty in the instant facts. ITA No. 210/Ahd/2020 & 08 others Shri Rohitji Chanduji…

Shri Rohitji Chanduji Thakor, Ahmedabad vs. The ITO, Ward-3(3)(1), Ahmedabad

In the result, both appeals of the assessee are allowed

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmedआयकर अपील सं./ It(Ss)A No. 45 & Ita No.204/Ahd/2020 "नधा"रण वष"/Assessment Year: 2005-06 Rohitji Chanduji Thakore Dcit, Cent.Cir.2(1) Chandanami Nivas Vs Ahmedabad. Thakor Vas, Ambali Gam Ahmedabad. Pan : Adtpt 4435 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Tushar Hemani, Sr.Adv Parimal Singh B. Parmar, Ar Shri Vijay Govani, Ar Revenue By : Shri Virendra Ojha, Cit-Dr

…during the course of search any incriminating material was found. For buttressing his contentions, he relied upon the judgment of Hon’ble Gujarat High Court in the case of PCIT Vs. Saumya IT(SS)A.No.45/Ahd/2020 and ITA No.1188 /Ahd/2019 Construction P.Ltd., 387 ITR 292 (Guj). He also emphasized that the AO has not made reference to any seized material for making addition in the hands of the assessee. This is not relevant assessment year where he can look into all this aspects. This is an assessment year which unabated as per the second proviso to section 153A of the Act, and therefore the AO cannot tinker with…