2009 (3) TMI 589 - HC - Income Tax

Unexplained investment - identical controversy as against the same assessee pertaining to the assessment year 1996-97 was allowed in favour of the respondent assessee on the same facts and circumstances, as in the present appeal - respondent-assessee had produced confirmations from all vendors on plain paper, along with affidavits of as many as 20 such vendors affirming the transfer of funds by them to the respondent assessee on account of sale/purchase of lottery tickets No addition could be made - appeal dismissed

Summary

Issues:
Assessment of tax liability based on fixed deposits from lottery ticket sales, addition of unexplained investment, penalty proceedings for failure to file return and audit accounts, appeal against Assessing Officer's decision, challenge to Commissioner of Income-tax (Appeals) and Income-tax Appellate Tribunal orders.

Analysis:

1. Tax Liability Assessment:
The Assessing Officer assumed tax evasion by the respondent-assessee based on investments in fixed deposits from lottery ticket sales without filing a return for the assessment year 1997-98. The respondent claimed the deposits were from cash received from vendors. A notice under section 148 was issued, and the respondent filed a return declaring income. Statutory notices were issued, and the Assessing Officer added unexplained investments of Rs. 1,25,76,000 under section 69 of the Income-tax Act, 1961.

2. Penalty Proceedings:
Penalty proceedings were initiated under sections 271(1)(c) and 271B for not filing the return on time and failing to audit accounts. Dissatisfied, the respondent appealed before the Commissioner of Income-tax (Appeals), providing evidence of deposits from vendors and past acceptance of similar claims for the assessment year 1996-97.

3. Appeal and Tribunal Orders:
The Commissioner of Income-tax (Appeals), Faridabad, considered the evidence, lack of new facts, and verification of vendors, leading to deletion of the addition to income. The Income-tax Appellate Tribunal (New Delhi) upheld this decision. The Revenue appealed, but the Tribunal dismissed it. The challenge was made against these orders.

4. Judgment and Dismissal:
The High Court analyzed the submissions based on the Assessing Officer's order and found no merit. It noted the previous acceptance of similar claims, evidence from vendors, inability to produce vendors due to business closure, and genuine verification of vendors' confirmations. As no new facts were presented for the assessment year 1997-98, the High Court dismissed the appeal, upholding the orders of the Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal.

In conclusion, the High Court found no grounds for interference and dismissed the appeal, affirming the decisions of the lower authorities based on the evidence presented and lack of new facts for the assessment year in question.