2005 (5) TMI 41 - HC - Income Tax

Addition for the block period - addition was without any basis and there is no discussion in the order of assessment except to the extent that the return was not filed within time. - Held that if the income returned by the assessee is from disclosed sources then no addition can be made on account of undisclosed income under Chapter XIV-B merely on the ground that the return of such income was not filed before the date of search. The provisions of section 158B of the Act would not be attracted in the present case inasmuch as nothing has been recorded in the order of assessment or in any proceedings thereafter that the amount had not been indicated in the books of account or that the assessee had failed to produce the books of account as directed by the Assessing Officer. revenue appeal dismissed

Summary

Issues:
- Interpretation of provisions under section 158B of the Income-tax Act
- Treatment of undisclosed income in the case of a search and seizure operation
- Assessment of income returned by the assessee from disclosed sources
- Application of the presumption of law in favor of the Revenue under section 158B

Interpretation of provisions under section 158B of the Income-tax Act:
The judgment addresses the challenge by the Revenue regarding the treatment of a specific amount as undisclosed income under section 158B of the Income-tax Act. The Revenue argued that the amount in question should be treated as undisclosed income and taxed accordingly. However, the court found that the provisions of section 158B were not attracted in this case. It was noted that there was no indication in the assessment order or subsequent proceedings that the amount had not been reflected in the books of account or that the assessee had failed to produce the books of account as directed by the Assessing Officer. The court emphasized that the presumption against the assessee could only be drawn if the sums were not reflected in the books or if the assessee failed to provide an explanation, which was not the case here.

Treatment of undisclosed income in the case of a search and seizure operation:
The judgment detailed a search and seizure operation conducted at the residential premises of the assessee, resulting in the Assessing Officer treating a certain amount as undisclosed income. This treatment was challenged by the assessee, leading to the matter being brought before the Income-tax Appellate Tribunal. The Tribunal reduced the addition for the block period in relation to the assessment year in question. The court observed that the addition made by the Assessing Officer lacked a basis and was without proper discussion in the assessment order. It was highlighted that the assessee had paid advance tax much before the date of search and had filed the return declaring the income, which was accepted by the Assessing Officer after due process.

Assessment of income returned by the assessee from disclosed sources:
The judgment discussed the assessment of income returned by the assessee from disclosed sources. It was noted that the assessee had paid advance tax for the relevant assessment year before the search operation and had filed the return, which was accepted by the Assessing Officer under section 143(3). The court considered the factual aspects along with relevant case law and held that the sum of income in question could not be assessed as undisclosed income. Consequently, the addition made by the Revenue was deleted, and the appeal of the assessee was partly allowed based on these findings.

Application of the presumption of law in favor of the Revenue under section 158B:
The judgment addressed the presumption of law available in favor of the Revenue under section 158B of the Income-tax Act. The Revenue contended that the amount should be treated as undisclosed income and taxed accordingly, invoking the provisions of section 158B. However, the court found that the provisions of section 158B were not applicable in this case as there was no evidence to suggest that the amount had not been indicated in the books of account or that the assessee had failed to produce the books of account as directed. The court concluded that no question of law, much less a substantial question of law, arose in the appeal, and therefore dismissed the appeal, leaving the parties to bear their own costs.