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2004 (8) TMI 46 - HC - Income TaxAdditions - firm vis-a-vis partner - it is settled that if an entry of cash credit is found in the books of account of a firm it is for the firm to give explanation regarding the identity and source of such deposits and if the explanation is disbelieved then it is to be added as an income under section 68 of the Act in the hands of the firm. Similarly if an assessee who is a partner in the partnership firm has made investments which are not recorded in the books of account maintained by him for any source of income and the explanation given by the partner or individual regarding the source of deposits is disbelieved then such deposits which are investment can be brought to tax as income from undisclosed sources under section 69 of the Act. There is no question of any double taxation. Full effect of the deeming provisions and the presumptions provided under sections 68 and 69 of the Act has to be given. The partnership firm and the partners being treated as separate assessees under the Act assessment of the income at the hands of different assessees under different provisions of the Act is permissible - Tribunal was justified in upholding the addition
Issues Involved:
1. Justification of addition of Rs. 17,500 in the total income of the firm despite the amount being assessed in the hands of two partners. 2. Justification of addition of Rs. 7,500 made by the Income-tax Officer in the individual assessment of a partner. Detailed Analysis: 1. Justification of Addition of Rs. 17,500 in the Total Income of the Firm: The Tribunal upheld the addition of Rs. 17,500 to the firm's income under section 68 of the Income-tax Act, 1961. The firm argued that this amount was already surrendered and assessed in the hands of the two partners, Udai Narain and Girish Narain. However, the Tribunal disbelieved the firm's explanation regarding the cash credits. Section 68 states that if a sum is found credited in the books of an assessee and the explanation about its nature and source is not satisfactory, it can be charged to income-tax as the income of the assessee for that year. The court referred to the case of Kapur Brothers [1979] 118 ITR 741, which held that if the explanation offered by the firm is disbelieved, the firm fails to prove that the money belongs to the partners, making it the firm's income. The court concluded that the amount of Rs. 17,500 was rightly added to the firm's income as the explanation was not satisfactory. 2. Justification of Addition of Rs. 7,500 in the Individual Assessment of a Partner: In the individual assessment of Girish Narain, the Income-tax Officer assessed Rs. 7,500 as a protective measure, which was the amount of deposit standing in his name in the firm. The Appellate Assistant Commissioner deleted this addition, agreeing with the partner's argument that the firm should have explained the nature and source of the cash credit. However, the Tribunal reversed this decision, stating that the partner could not have any grievance against the inclusion of an amount voluntarily surrendered by him. The court noted that under section 69 of the Act, if an assessee has made investments not recorded in the books of account and the explanation is disbelieved, such deposits can be taxed as income from undisclosed sources. The court referred to the case of Sundar Lal Jain [1979] 117 ITR 316, which held that section 68 applies to entries in the books of the firm, while section 69 applies to unexplained investments by individuals. Legal Precedents and Rulings: - Girdhari Lal Nannelal [1977] 109 ITR 726 (SC): The Supreme Court held that unexplained acquisition of money could be treated as income from undisclosed sources. - Sundar Lal Jain [1979] 117 ITR 316 (All): Section 68 applies to firm entries, while section 69 applies to individual unexplained investments. - Jaiswal Motor Finance [1983] 141 ITR 706 (All): If cash credits are found in the firm's books and are proven to be partners' capital, they cannot be assessed as the firm's income. - Precision Metal Works [1985] 156 ITR 693 (Delhi): Income could either be the firm's or the partners', not both. - India Rice Mills [1996] 218 ITR 508 (All): Deposits made before the firm started business are to be explained by partners. - Surendra Mahan Seth [1996] 221 ITR 239 (All): Deposits made by partners on the first day of the firm's existence cannot be added to the firm's income. - Jairamdass Lokesh Kumar [2001] 250 ITR 526 (Raj): Assessment of different persons for the same income does not absolve liability to be taxed. Conclusion: The court concluded that the firm and partners are separate entities under the Act, and assessment of income under different provisions (sections 68 and 69) is permissible. The questions of law were answered in the affirmative, in favor of the Revenue, and against the assessee. No order as to costs was made.
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