Principal Commissioner Ofincome Tax, Central-2, Kolkata v. M/S. Shubham Impex (P) Ltd

ITA/15/2018 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (Income Tax)ORIGINAL SIDE PRINCIPAL COMMISSIONER OFINCOME TAX, CENTRAL-2, KOLKATA -Versus- M/S. SHUBHAM IMPEX (P) LTD. BEFORE :THE HON’BLE JUSTICE SURYA PRAKASH KESARWANIAndTHE HON’BLE JUSTICE RAJARSHI BHARADWAJDate :30[th] April, 2024 Appearance:Ms. Smita Das De, Adv....for the appellant. 1.Heard Ms. Smita Das De, learned standing counsel for the appellants.None appears for the respondent/assessee even after the case was calledout. 2.This appeal was admitted by this court by order dated 8.2.2018 on thefollowing substantial question of law:“Whether the finding of the learned Tribunal holding theproceeding under Section 153A of the Income Tax Act, 1961, initiatedagainst the assessee for the relevant assessment year, to be invalidwas perverse and without any basis in law ?” 3.Learned counsel for the appellant states that the assessment yearsinvolved in the present appeal are 2006-07 and 2007-08.involved in the present appeal are 2006-07 and 2007-08. 4.Learned counsel for the appellant fairly states that the ITAT has grantedrelief to the respondent/assessee on the ground that the proceedingsunder Section 153A of the Income Tax Act, 1961 initiated against therespondent/assessee was bad because no incriminating material wasfound in the search. She submits that the controversy involved is clearlycovered against the revenue by the judgment of the Hon’ble SupremeCourt in the case of Principal Commissioner of Income Tax vs. Abhisarrelief to the respondent/assessee on the ground that the proceedingsunder Section 153A of the Income Tax Act, 1961 initiated against therespondent/assessee was bad because no incriminating material wasfound in the search. She submits that the controversy involved is clearlycovered against the revenue by the judgment of the Hon’ble SupremeCourt in the case of Principal Commissioner of Income Tax vs. Abhisar Buildwell (P) Ltd. reported in (2023) 149 taxmann.com 399 SC. 5.In view of the aforesaid, the substantial question of law as framed isanswered is answered in favour of the assessee and against the revenue.answered is answered in favour of the assessee and against the revenue. 6.The appeal (ITA/15/2018) being devoid of merit, is dismissed. (SURYA PRAKASH KESARWANI, J.) (RAJARSHI BHARADWAJ, J.)