Asst.Commissioner of Income Tax Vs. M/s VPR Mining Infrastructure Pvt. Ltd.

Parties Involved

Facts Summary

The case involves an appeal by the Revenue against an order passed by the Commissioner of Income Tax (Appeals) allowing the appeal of the assessee, M/s VPR Mining Infrastructure Pvt. Ltd., for the assessment year 2012-13. The appellant argued that no addition could be made in the absence of incriminating material found during the search in a concluded assessment. The respondent argued that the Assessing Officer has the jurisdiction to initiate proceedings under section 153A of the Act. The tribunal reviewed the submissions and found that since no incriminating material was found during the search, the concluded assessment could not be disturbed.…

Legal Issues

• 1. Whether the Assessing Officer can make additions in a concluded assessment in the absence of incriminating material found during the search?
• 2. Whether the jurisdiction of the Assessing Officer under section 153A of the Act is limited to the incriminating material found during the search?

Judgment Outcome

Decided in favour of Revenue.

Precedents Relied Upon

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