2001 (12) TMI 527 - AT - Income Tax

Summary

Issues:
1. Validity of the order passed by the Assessing Officer under section 158BC.
2. Addition of Rs. 20,300 as undisclosed income for assessment year 1990-91.
3. Addition of Rs. 60,000 on account of unexplained investment in gold ornaments.
4. Deposit of Rs. 7,500 in the assessee's bank account treated as undisclosed income.

Issue 1: Validity of the order under section 158BC
The appeal challenged the Assessing Officer's order under section 158BC, arguing that no valuable item was seized during the search to justify the notice. The Tribunal noted that a valid search was conducted at the assessee's premises, including opening and searching a bank locker. As per section 158BC, a valid search under section 132 is the requirement for issuing a notice. Since the search was valid, the notice and subsequent assessment were deemed lawful.

Issue 2: Addition of Rs. 20,300 as undisclosed income for 1990-91
The Assessing Officer added Rs. 20,300 as undisclosed income for 1990-91 based on the capital account filed by the assessee. However, no material was found during the search to link this amount to undisclosed income. The Tribunal emphasized that a block assessment is separate from regular assessments, and additions require evidence found during the search. As no such evidence existed, the Tribunal concluded the Assessing Officer unjustly treated the amount as undisclosed income and deleted the addition.

Issue 3: Addition of Rs. 60,000 for unexplained investment in gold ornaments
The Assessing Officer added Rs. 60,000 as unexplained investment in gold ornaments, assuming the purchase period without evidence. The Tribunal found the officer's action baseless, as no evidence supported the acquisition period. The assessee's capital account, filed before the search, showed sufficient funds for the investment, accepted in the regular assessment. With no other assets found during the search, the Tribunal deemed the explanation reasonable and deleted the addition.

Issue 4: Deposit of Rs. 7,500 in the bank account as undisclosed income
The Assessing Officer treated a Rs. 7,500 deposit in the bank account as undisclosed income. Considering the assessee's regular income and the deletion of previous additions, the Tribunal found the deposit within the exemption limit. As the assessee was not required to file a return for this amount, the Tribunal deleted this addition as well.

In conclusion, the Tribunal allowed the appeal, ruling in favor of the assessee on all grounds, highlighting the importance of evidence and adherence to legal procedures in making additions during block assessments.