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Dy Commissioner Of Income Tax Central ... vs Girdhar Tracom Pvt Ltd, Kolkata on 7 November, 2024
cites
Section 131 in The Income Tax Act, 1961 [Entire Act]
Section 132 in The Income Tax Act, 1961 [Entire Act]
Section 147 in The Income Tax Act, 1961 [Entire Act]
Section 148 in The Income Tax Act, 1961 [Entire Act]
Pr. Commissioner Of Income Tax Central 3 vs Abhisar Buildwell P. Ltd. on 24 April, 2023
In this case also since there
was no seized incriminating material found during the course of search , the AO has no
jurisdiction to make the addition and therefore the Ld. CIT(A) rightly deleted the
addition by following the decision of Hon'ble Apex Court in the case of Abhiser
Buildwell Pvt. Ltd. (supra). Further, we also note that AY 2013-14 and 2014-15 were
reopened beyond six years but before tenth year from the date of search in consonance
with the 4th proviso to section 153A of the Act. We note that the jurisdiction has been
exercised by the AO for these two assessment years without the necessary pre-
conditions having been met namely. First, there was no incriminating material found
during the course of search and second income represented in the form of asset which
has escaped assessment should be Rs. 50,00,000/- or more. But, as a matter of fact,
during search no such discovery of undisclosed assets was made by the search team.
Keeping in view these facts and circumstances, we are inclined to hold that the Ld.
CIT(A) has passed a very detailed, reasoned and speaking order which do not require
any interference at our end. Accordingly, we dismiss the appeals of the revenue by
upholding the orders of the Ld. CIT(A). The appeals for A.Y. 2013-14 & 2014-15 are
dismissed on the ground of AO not having met the mandate of 4th proviso to section
153A and A.Y. 2015-16 to 2019-20 which were unabated assessments on the date of
15
I.T.(S.S).A. Nos.23 & 24/Kol/2024
IT(SS)A Nos. 32 to 36/Kol/2024
IT(S.S)A No. 64/Kol/2024
Assessment Years: 2013-14 to 2019-20
Girhar Tracom Pvt. Ltd.
Section 158BC in The Income Tax Act, 1961 [Entire Act]
The Advocates Act, 1961
Commissioner Of Income Tax vs Harjeev Aggarwal on 10 March, 2016
38. Fifthly, statements recorded under Section 132 (4) of the Act of the Act do not by
themselves constitute incriminating material as has been explained by this Court in
Harjeev Aggarwal (supra).
Commissioner Of Income-Tax vs Sri Ramdas Motor Transport Ltd. on 23 August, 2001
In CIT v. Shri Ramdas Motor Transport [1999] 238 ITR 177/102 Taxman 300, a
Division Bench of Andhra Pradesh High Court, reading the provision of Section 132(4)
of the Act in the context of discovering undisclosed income, explained that in cases
where no unaccounted documents or incriminating material is found, the powers under
Section 132(4) of the Act cannot be invoked. The relevant passage from the aforesaid
judgment is quoted below:--