Principal Commissioner Of Income ... vs The Liberty Marine Syndicate (P) ...
2023 Latest Caselaw 1068 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      ITA No. 21 of 2021

            Principal Commissioner of Income Tax ....              Appellant
            (Central)
                      Mr. Radheyshyam Chimanka, Senior Standing Counsel
                          Along with Mr. A. Kedia, Junior Standing Counsel
                                      -versus-

            The Liberty Marine Syndicate (P) Ltd.      ....       Respondent
                                                                     None

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE M.S. RAMAN
                                           ORDER

31.01.2023 Order No.

02. 1. The Revenue's appeal is directed against an order dated 14th December, 2020 passed by the Income Tax Appellate Tribunal (ITAT), Cuttack Bench, Cuttack in IT(SS) A No.69-75/CTK/2019 for the Assessment Years (AYs) 2009-10 to 2015-16. Among the questions sought to be urged before this Court by the Revenue is whether the ITAT was justified in deleting the additions made during the assessment under Section 153A of the Income Tax Act, 1961 on the ground that no incriminating material was found during the search to justify the additions?

2. The above question already stands answered in favour of the Assessee and against the Revenue by a series of judgments of this Court including the judgment dated 5th July, 2022 in ITA No.92 of 2018 (Principal Commissioner of Income Tax (Central) v. M/s. Midas Capital Pvt. Ltd.).

3. Consequently, the Court is not inclined to frame the question as urged by the Revenue. Accordingly, the appeal is dismissed.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge S. Behera