Shri Ahura Holdings, Hyd., Hyderabad V. DCIT, CC-2, Hyd., Hyderabad

MA 202/HYD/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1115 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-10-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 22-08-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R LAXMAN
• Keywords: Search and seizure
• Section: 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER MA NO. 202/HYD/2013 IN ITA NO. 362/HYD/2010 A.Y. 2 003-04 MA NO. 203/HYD/2013 IN ITA NO. 363/HYD/2010 A.Y. 2 004-05 MA NO. 204/HYD/2013 IN ITA NO. 364/HYD/2010 A.Y. 2 005-06 M/S. AHURA HOLDINGS HYDERABAD PAN: AAJFA0644D VS. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-3 HYDERABAD APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SRI R. LAXMAN DATE OF HEARING: 04 . 1 0.2013 DATE OF PRONOUNCEMENT: 04 . 1 0.2013 O R D E R PER CHANDRA POOJARI, AM: BY THE ABOVE MISCELLANEOUS APPLICATIONS (MAS) THE AS SESSEE IS SEEKING RECTIFICATION IN THE ORDER OF THE TRIBUN AL DATED 26 TH NOVEMBER, 2010 IN ITA NOS. 362-364/HYD/2010. 2. NONE APPEARED FOR THE ASSESSEE. WE HAVE HEARD THE LEARNED DR. WE HAVE CAREFULLY GONE THROUGH THE MAS FILED BY THE ASSESSEE. ACCORDING TO THE ASSESSEE THE TRIBUNAL COMMITTED AN ERROR BY OBSERVING THAT THE AO WHILE MAKING THE ASSESSMENT U /S. 153A AND 153C OF THE INCOME-TAX ACT, 1961, HE CAN RESORT TO I NTERPOLATION EVEN WHEN NO MATERIAL COMES TO THE POSSESSION OF TH E AO DURING THE COURSE OF SEARCH OR POST SEARCH PROCEEDINGS INCLUDI NG THE PROCEEDINGS OF ASSESSMENT. THE ABOVE ISSUE RAISED B Y THE ASSESSEE IN ITS PETITION IS DEVOID OF MERIT AS THIS ISSUE WA S CARRIED TO THE JURISDICTIONAL HIGH COURT IN THE CASE OF GOPAL LAL BHADRUKA, AVADESH BHADURKA AND AHURA HOLDINGS VS. DCIT (346 ITR 106) ( AP), WHEREIN THE HONBLE HIGH COURT OBSERVED AS FOLLOWS: MA NOS. 202-204 /HYD/2013 M/S. AHURA HOLDINGS ====================== 2 'SECTIONS 153A, 153B AND 153C WERE INSERTED IN THE INCOME-TAX ACT, 1961, WITH EFFECT FROM JUNE 1, 2003, IN CHAPTER XLV. THESE SECTIONS ARE APPLICABLE TO SEARC H OPERATIONS OR REQUISITIONS MADE AFTER MAY 31, 2003. SIMULTANEOUSLY SECTION 158BI WAS INSERTED IN CHAPTE R XIV-B. BY VIRTUE OF SECTION 158BI OF THE ACT, THE V ARIOUS PROVISIONS OF CHAPTER XIV-B OF THE ACT ARE MADE INAPPLICABLE TO PROCEEDINGS UNDER SECTIONS 153A AND 153C OF THE ACT. THE EFFECT OF THIS IS THAT WHILE THE PROVISIONS OF CHAPTER XIV -B OF THE ACT LIMIT THE INQUIRY BY THE ASSESSING OFFICER TO THOSE MATERIALS FOUND DURING THE SEARCH AND SEIZURE OPERATION, NO SUCH LIMITATION IS FOUND IN SO FAR AS SECTIONS 153A AND 153C OF THE ACT ARE CONCERNED. THEREFORE, IT FOLLOWS THAT FOR THE PURPOSES OF SECTIONS 153A AND 153C OF THE ACT, THE ASSESSING OFFICER CAN TAKE INTO CONSIDERATION MATERI AL OTHER THAN WHAT WAS AVAILABLE DURING THE SEARCH AND SEIZURE OPERATION FOR MAKING AN ASSESSMENT OF THE UNDISCLOSED INCOME OF THE ASSESSEE.' 3. BEING SO, THE MAS FILED BY THE ASSESSEE CANNOT BE CO NSIDERED AS THE ISSUE IN DISPUTE WAS DECIDED BY THE HONBLE HIGH COURT AGAINST THE ASSESSEE BY CONFIRMING THE ORDER OF THE TRIBUNAL. 4. IN THE RESULT, ALL THE THREE MAS FILED BY THE ASSESS EE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH OCTOBER, 2013 SD/ - (SAKTIJIT DEY) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 4 TH OCTOBER, 2013 TPRAO COPY FORWARDED TO: 1. M/S. AHURA HOLDINGS, PLOT NO. 684/A, ROAD NO. 33, JUBILEE HILLS, HYDERABAD-500 033 2. THE DEPUTY COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE - 2 , HYDERABAD. 3. THE CIT(A) - I , HYDERABAD . 4. THE CIT (CENTRAL) , HYDERABAD. 5. THE DR ' A ' BENCH, ITAT, HYDERABAD