2010 (7) TMI 1035 - AT - Income Tax

Summary

Issues involved: Appeal against order u/s 263 of the Income Tax Act for assessment year 2005-06.

Summary:
1. The appeal was filed by the Revenue against the order passed by the Administrative Commissioner-VI, Hyderabad u/s 263 of the IT Act. The Commissioner found a capital accretion and unexplained cash deposits in the assessee's account.

2. The assessee submitted that the difference in the balance sheets was due to disclosing personal assets in the revised balance sheet. The assessing officer accepted the tax paid by the assessee. The representative argued that the Commissioner erred in revising the order.

3. The departmental representative contended that the increased capital needed proper explanation and the cash deposits were not adequately accounted for. The Commissioner rightly exercised powers u/s 263.

4. The Tribunal found that the difference in balance sheets was due to including personal assets in the revised one. The order of the assessing officer was deemed not erroneous or prejudicial to Revenue's interests.

5. Regarding cash deposits, the Tribunal noted that the disclosed income was sufficient to cover the expenditure. The Commissioner's restriction on considering only part of the income was deemed unjustified.

6. Referring to a previous Tribunal decision, it was emphasized that agreements between the assessee and the department should not be ignored unless fraudulent intentions were proven. The Tribunal set aside the Commissioner's order and allowed the appeal of the assessee.