Orris Infrastructure Pvt. Ltd. Vs ACIT (ITAT Delhi)
The case concerns a batch of appeals before the Delhi Bench of the Income Tax Appellate Tribunal involving assessments made under Section 153A of the Income-tax Act following a search conducted on 16 January 2013. For assessment years 2008–09 to 2011–12, the assessments were either completed earlier or had become final as on the date of search, and no proceedings were pending; these years were therefore treated as unabated. The Assessing Officer relied primarily on third-party material and statements seized during a separate search on another group and proceeded to make additions aggregating to ₹97.88 crore across multiple years on account of alleged unaccounted interest expenditure, unaccounted cash expenditure, and a forfeited business advance.
The assessee demonstrated, through return-filing charts, that incomes originally declared under Section 139(1) and those declared pursuant to notices under Section 153A for the unabated years were identical, indicating no incriminating disclosure triggered by the search. Detailed charts were also produced to show that several expenditures treated as “unaccounted” by the Assessing Officer were already recorded in the books of account, while certain interest computations were based on assumptions such as aggregated rates and delayed interest without direct incriminating evidence for each year.
