Pr. Commissioner Of Income Tax (Central)-2 v. S.s. Con Build Pvt. Ltd

$~1 *IN THE HIGH COURT OF DELHI AT NEW DELHI +ITA 132/2022 PR. COMMISSIONER OF INCOME TAX (CENTRAL)-2 ..... AppellantThrough:Mr. Sanjay Kumar, Advocate. versus S.S. CON BUILD PVT. LTD...... Respondent Through:None. % Date of Decision: 28[th]April, 2022 CORAM:HON'BLE MR. JUSTICE MANMOHANHON'BLE MR. JUSTICE SUBRAMONIUM PRASAD J U D G M E N T MANMOHAN, J (Oral): 1.Present Income Tax Appeal has been filed challenging the order dated8[th]April, 2021 passed by the Income Tax Appellate Tribunal in ITANo. 1986/Del./2016 for the Assessment Year 2007-08. 2.Learned counsel for the Appellant states that the ITAT has erred indeleting the addition of Rs.33,91,35,982/- made by the Assessing Officer onaccount of unexplained credit under Section 68 of the Income Tax Act,1961(hereinafter referred to as ‘the Act’) on account of the fact that theAssessing Officer could not have proceeded to frame assessment underSection 153A of the Act as no incriminating documents/assets were foundduring the search without appreciating that the provision of Section 153A ofthe Act does not stipulate any such condition. ITA 132/2022 3.Learned counsel for the Appellant further states that the ITAT haserred in placing reliance upon the judgment of this Court in Commissionerof Income Tax vs. Kabul Chawla, (2016) 380 ITR 573 wherein it was heldthat in the absence of any incriminating material, the Assessing Officercannot re-apprise and review the assessments already completed and settledbefore the date of search under Section 153A of the Act. 4.He states that the Revenue has not accepted the judgment of thisCourt in Commissioner of Income Tax vs. Kabul Chawla (supra) and haspreferred Special Leave petitions which are pending adjudication. 5.Though the judgment of this Court has been challenged and ispending adjudication before the Supreme Court, yet there is no stay of thesaid judgment till date. 6.Consequently, in view of the judgments passed by the Supreme Courtin Kunhayammed and Others vs. State of Kerala and Another, (2000) 6SCC 359 and Shree Chamundi Mopeds Ltd. Vs. Church of South IndiaTrust Association CSI Cinod Secretariat, Madras (1992) 3 SCC 1, thepresent appeal is dismissed being covered by the judgment passed by thelearned predecessor Division Bench. MANMOHAN, J APRIL 28, 2022AS SUBRAMONIUM PRASAD, J ITA 132/2022