Case Law Details
Mohd. Atique Vs ACIT (ITAT Indore)
We find that no documents relating to agriculture land taken on lease were found during the course of search, therefore, no addition should have been made in absence of any incriminating material found during the course of search relating to agriculture income. In search assessment, any undisclosed income, which can ultimately be added, is only to the extent of any unrecorded assets / material found or any incriminating documents found as representing undisclosed income earned. Thus, it is evident that the A.O has not made any specific reference to the incriminating material found during the search in respect of additions made by him. Under these facts non reference to the incriminating material by the A.O is contrary to the settled position of law. Thus, the assessments, so framed, are bad in law. Therefore, we quash the assessment orders under consideration. We hold accordingly. This additional ground of assessee’s appeals is allowed.
FULL TEXT OF THE ITAT JUDGEMENT
These appeals by the assessee are directed against the orders of ld. Commissioner of Income Tax (Appeal)in short ‘Ld. CIT(A)-II, Bhopal all dated 29.01.2016 pertaining to Assessment Years 2002-03,2001-02,2003-04 to 2007-08. Earlier these appeals were decided by this bench vide order 30.04.2019. However, later on the assessee preferred MA Nos. 67 to 73/Ind/20 19 for recalling the order on additional grounds raised by the assessee and also computation of agricultural income on lease hold land which was not decided. Therefore, the bench, vide order 26.11.2020, recalled its earlier order to the extent of deciding aforementioned issues. Thereafter, the appeals were heard on the aforementioned issues.
2. During the course of appellate proceedings before this Tribunal the assessee also raised following additional ground of the present appeals:
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