DCIT, Chandigarh V. M/s Ind Swift Ltd., Chandigarh

ITA 1362/CHANDI/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6582 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 29-04-2019
• Assessment Year: 2009-2010
• Appeal Filed On: 05-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR ASHISH GUPTA
• Section: 143(3); 153A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH A , CHANDIGARH , ! ' # $ %! , BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SMT.ANNAPURNA GUPTA, ACCOUNTANT MEMBER ./ ITA NO.1362/CHD/2018 / ASSESSMENT YEAR : 2009-10 THE D.C.I.T., CIRCLE-1(1), CHANDIGARH. M/S IND SWIFT LTD., PLOT NO.781, INDL. AREA-II, CHANDIGARH. ./PAN NO: AAACI6100L /APPELLANT /RESPONDENT /ASSESSEE BY : SHRI ASHISH GOYAL, CA ! / REVENUE BY : DR. ASHISH GUPTA, CIT DR ' # $ /DATE OF HEARING : 29.04.2019 %&'( $ /DATE OF PRONOUNCEMENT : 30.04.2019 /ORDER SANJAY GARG, JUDICIAL MEMBER : THE PRESENT APPEAL HAS BEEN PREFERRED BY THE DEPART MENT AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)- 3, GURGAON [(IN SHORT CIT(A)] DATED 30.7.2018 FOR A SSESSMENT YEAR 2009-10. 2. BRIEFLY STATED, SEARCH OPERATION U/S 132(1) OF T HE ACT WAS CARRIED OUT ON THE BUSINESS AND RESIDENTIAL PREMISE S OF 2 ASSESSEE GROUP OF CASES ON 26.5.2011. THE ASSESSEE HAD FILED THE ORIGINAL RETURN OF INCOME DECLARING TOTAL INCOM E OF RS.NIL ON 29.9.2009. PURSUANT TO SEARCH ACTION NOTICE U/S 153 A OF THE ACT WAS ISSUED TO THE ASSESSEE, IN RESPONSE TO WHIC H, ASSESSEE FILED THE RETURN DECLARING A GROSS TOTAL INCOME OF RS.NIL. THE A.O. MADE CERTAIN ADDITIONS INTO THE INCOME OF THE ASSESSEE IN THE ASSESSMENT CARRIED OUT U/S 153A READ WITH SECTI ON 143(3) OF THE ACT. 3. THE MATTER WAS CARRIED IN APPEAL BEFORE THE LD.C IT(A), WHO DELETED THE ADDITIONS RELYING UPON THE DECISIONS OF VARIOUS HIGH COURTS INCLUDING THE DECISION OF THE HON'BLE DELHI HIGH COURT IN THE CASE OF CIT VS. KABUL CHAWLA, 234 TAXMAN 300 (DELHI), BOMBAY HIGH COURT IN THE CASE OF CIT VS. CONTINENTA L WAREHOUSING CORPORATION IN ITA NO. 523 OF 2013, REP ORTED IN (2015) 279 CTR 0389 (BOMBAY) AND IN THE CASE OF CIT V. MURLI AGRO PRODUCTS LTD., ITA NO.36 OF 2009, WHEREIN THE HON'BLE HIGH COURTS HAVE BEEN UNANIMOUSLY TO HOLD THAT WHER E IN A CASE NO INCRIMINATING MATERIAL WAS FOUND IN THE COU RSE OF SEARCH ACTION, NO ADDITION CAN BE MADE BY THE A.O. IN RESPECT OF THE ASSESSMENTS WHICH STOOD ALREADY COMPLETED AN D NO PROCEEDINGS WERE PENDING OR ABATED FOR ON THE DATE OF SEARCH ACTION. THE LD. DR COULD NOT SHOW ANY CASE LAW CONT RARY TO THE 3 AFORESAID PROPOSITION OF LAW LAID DOWN BY THE HON'B LE HIGH COURTS. IN VIEW OF THIS, CONSIDERING THE FACTS OF THE CASE, THERE IS NO MERIT IN THE APPEAL OF THE REVENUE. THE SAME IS HEREBY DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE DEPARTMENT IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30.04.2019. SD/- SD/- ' # $ %! (ANNAPURNA GUPTA) (SANJAY GARG) ' / ACCOUNTANT MEMBER / JUDICIAL MEMBER )' /DATED: 30 TH APRIL, 2019 * ! * &) *+ ,+ / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ' - / CIT 4. ' - ( )/ THE CIT(A) 5. +./ 0 , $ 0 , 123/4 / DR, ITAT, CHANDIGARH 6. /3 5# / GUARD FILE &) ' / BY ORDER, ! / ASSISTANT REGISTRAR