Rudra Pratap Tripath Vs ACIT (ITAT Mumbai)
Section 153A Beyond Six Years Invalid Without Identifiable Undisclosed Asset; Cash Notings Alone Insufficient for Extended Section 153A Jurisdiction; ₹3.57 Crore Section 69B Additions Quashed for Invalid Section 153A Jurisdiction: ITAT Mumbai
Summary: The Mumbai Bench of the Income Tax Appellate Tribunal considered two appeals filed by the assessee against separate orders of the Commissioner of Income Tax (Appeals) for assessment years 2011-12 and 2012-13. The assessments had been completed under section 144 read with section 153A of the Income-tax Act, 1961, pursuant to a search conducted under section 132 on 17.09.2019. The Assessing Officer had made additions under section 69B of Rs.2,22,01,300/- for assessment year 2011-12 and Rs.1,35,05,000/- for assessment year 2012-13, relying on seized documents said to reflect cash payments towards purchase of land.
The assessee challenged the assumption of jurisdiction under section 153A, contending that the search took place in the previous year relevant to assessment year 2020-21 and that the ordinary six-year block extended from assessment years 2014-15 to 2019-20. Since assessment years 2011-12 and 2012-13 fell beyond that block, the assessee submitted that the notices could be sustained only if the conditions under the fourth proviso to section 153A and Explanation 2 were satisfied.
