2016 (1) TMI 1129 - AT - Income Tax

Income received more than what is declared - addition on the basis of AIR information - Held that - Undisputedly, out of 1,479 entries as per AIR data, only 161 entries, according to the allegation of the Assessing Officer, remained un-reconciled by the assessee. It is also not disputed that apart from AIR information, there is no other evidence or material available before the Assessing Officer to indicate that assessee has received income more than what is declared in Profit & Loss account. It is also a fact on record that in course of hearing of appeal, assessee has reconciled 161 un-reconciled entries by furnishing all necessary details. It is not the case of the Department that the information / details submitted by the assessee in respect of un-reconciled entries are not genuine or unbelievable. Therefore, when the learned Commissioner (Appeals) has directed the Assessing Officer to verify the reconciliation of entries by examining the details submitted by the assessee, there is no reason why the Department should be aggrieved. Prima-facie, as could be seen, the learned Commissioner (Appeals) has directed the Assessing Officer to give effect only to the entries reconciled by the assessee. Moreover, on a perusal of the relevant case laws cited by the learned counsel, we find that the consistent view of the Tribunal in these decisions are, only on the basis of AIR information no addition can be made when there is no other materials before the Assessing Officer to demonstrate that assessee has received income more than what is declared by him. In the present case also, a perusal of the assessment order reveals that apart from the AIR information, there is no other material / evidence available before the Assessing Officer to establish that assessee has received more income than what is shown in the Profit & Loss account. In the aforesaid view of the matter, we do not find any infirmity in the direction of the learned Commissioner (Appeals) which is upheld - Decided against revenue

Summary

Issues:
Department's appeal against the order of the Commissioner (Appeals) for the assessment year 2008-09 regarding the reconciliation of TDS entries and granting of credit and interest.

Analysis:

1. Reconciliation of TDS Entries:
The Department raised concerns about the Commissioner (Appeals) directing the Assessing Officer to verify the reconciliation of TDS entries, specifically regarding 161 un-reconciled entries. The Assessing Officer had added back an amount to the assessee's income due to the inability to reconcile these entries. However, the Commissioner (Appeals) found that the assessee had submitted a reconciliation statement for a significant portion of the entries, providing details like party names, invoice dates, and amounts paid. Despite discrepancies in some entries, the Commissioner (Appeals) directed the Assessing Officer to verify the entries based on the reconciliation statement, cross-checking with AIR information, and giving effect to them after obtaining an indemnity bond from the assessee.

2. Legal Arguments and Precedents:
The Department contended that the assessee had not reconciled the entries before the Assessing Officer and only did so before the Commissioner (Appeals). The Departmental Representative argued against accepting an indemnity bond for all entries. Conversely, the assessee's counsel supported the Commissioner (Appeals)'s decision, emphasizing that relevant details were provided both before the Assessing Officer and the Commissioner (Appeals). The counsel cited legal decisions to support the contention that additions based solely on AIR information are not justified without additional evidence of undisclosed income.

3. Tribunal's Decision:
The Tribunal reviewed the submissions and the available record, noting that only 161 out of 1,479 entries were un-reconciled according to the Assessing Officer. It was acknowledged that besides AIR data, no other evidence indicated undisclosed income beyond the declared amount. The Tribunal found that the Commissioner (Appeals) had directed verification and effect only for reconciled entries, which was deemed reasonable. Referring to relevant case laws, the Tribunal upheld the consistent view that additions solely based on AIR data are unjustified without additional substantiating evidence. Consequently, the Tribunal dismissed the Department's appeal, affirming the Commissioner (Appeals)'s direction for verification and upheld the decision regarding the reconciliation of TDS entries.

4. Conclusion:
The Tribunal dismissed the appeal, emphasizing the importance of verifying reconciled entries based on the information provided by the assessee and the insufficiency of relying solely on AIR data for additions without additional evidence of undisclosed income. The decision highlighted the necessity for proper verification and the application of legal principles to ensure fair assessment procedures.