2004 (11) TMI 25 - HC - Income Tax

Actual amount spent in construction - difference between the figure shown by the assessee and that shown by the DVO - Whether, Tribunal was justified in deleting the addition of Rs. 55,677 particularly when the assessee had consented to the addition of Rs. 1 lakh, which was spread over by the Deputy Commissioner of Income-tax (Appeals) over a period of three years? - Question as to what should be in such cases added or deleted, is a matter of discretion and based on the facts of each case. In this view, if the Tribunal came to a conclusion that Rs. 55,677 is not a sum to be added and if added by the Commissioner of Income-tax (Appeals) the same be deleted, there arises no case for holding that it was not in accordance with law. - question is answered against the Revenue

Summary

Issues:
Income tax reference under section 256(1) of the Income-tax Act, 1961 regarding addition of specific amount to the income of the assessee for construction expenditure.

Analysis:
The judgment pertains to an income tax reference made under section 256(1) of the Income-tax Act, 1961 by the Tribunal at the instance of the Revenue regarding the addition of Rs. 55,677 to the income of the assessee. The dispute arose concerning the actual expenditure incurred by the assessee in constructing a building, with discrepancies between the amount disclosed by the assessee and the valuation by the DVO. The Assessing Officer added Rs. 1,27,436 based on the DVO report, spread over three assessment years. The Commissioner of Income-tax (Appeals) conducted additional inquiry, considered bills submitted by the assessee, and added Rs. 1 lakh, spreading it over three years. The Tribunal dismissed the Revenue's appeal and allowed the assessee's cross-objection, leading to the Revenue seeking reference to the High Court.

The High Court observed that the central issue was determining the actual construction expenditure by the assessee, considering the discrepancies between the figures provided by the assessee and the DVO. The Tribunal concluded that the addition of Rs. 55,677 by the Commissioner of Income-tax (Appeals) was not justified when the assessee had consented to the addition of Rs. 1,00,000. The court found no error in the Tribunal's decision, emphasizing that the determination of additions or deletions in such cases is discretionary and based on individual case facts. Therefore, the court upheld the Tribunal's decision to delete the Rs. 55,677 addition, ruling in favor of the assessee and against the Revenue. The court found no grounds to deviate from this conclusion and decided the matter accordingly, without awarding any costs in the case.