LAWS(DLH)-2022-11-58

PR.COMMISSIONER OF INCOME TAX Vs. PGF LTD

Decided On November 14, 2022
Pr.Commissioner Of Income Tax Appellant
V/S
Pgf Ltd Respondents

JUDGEMENT

(1.) The aforesaid appeals have been filed by the Appellant-Revenue, challenging the consolidated order dtd. 29/6/2018 passed by the Income Tax Appellate Tribunal (for short 'ITAT') in ITA Nos.2131 2134/Del/2010 for the Assessment Years 2000-01 to 2003-04, whereby the ITAT has upheld separate Orders dtd. 10/2/2010 passed by the Commissioner of Income Tax (Appeals)-III, New Delhi (for short CIT(A) quashing the assessment order(s) dtd. 28/12/2007 passed under Sec. 153A of the Income Tax Act, 1961 (for short 'the Act, 1961') for the respective Assessment Years pursuant to the search carried out on 22/9/2005 at the premises of the Respondent-Assessee under Sec. 132 of the Act, 1961.

(2.) Both the appellate authorities, viz., CIT(Appeal) and the ITAT have returned concurrent findings of fact that no incriminating material was found during the search conducted on 22/9/2005 warranting assessment under Sec. 153A of the Act, 1961.

(3.) The appeals and questions of law, as formulated by the Appellant" " Revenue are premised on the submission that it is not necessary that incriminating material is found during search under Sec. 132 of the Act, 1961 for an order under Sec. 153A of the Act, 1961 to be passed even where original assessments have attained finality and have not abated. The questions of law as suggested in one of the appeal being ITA 527/2019 are reproduced hereinbelow: