2011 (2) TMI 760 - AT - Income Tax

Unexplained Investments - source of purchase of land - Inspector s report/ valuation as per stamp valuation authority taken as basis - Held that - There has to be reason for formation of belief and the reason should be such, from which prima facie it could be inferred that there is escapement of income. - There has to be live nexus between the reason and formation of belief regarding escapement of income. Merely because the stamp valuation authority has adopted certain valuation for payment of stamp duty, the same cannot be a basis to conclude regarding escapement of income in the hands of purchase particularly when no tangible material has been brought on record to suggest the escapement of income except the Inspector s report which cannot be basis for information of belief. - Decided in favor of the assessee.

Summary

Issues:
1. Validity of re-assessment proceedings under section 148 of the IT Act, 1961.
2. Addition of Rs. 31,42,605 under section 69 of the IT Act, 1961 for unexplained investment in the purchase of land.

Issue 1: Validity of re-assessment proceedings under section 148 of the IT Act, 1961:
The appeal by the Revenue challenged the annulment of re-assessment proceedings by the learned CIT(A). The AO initiated proceedings under section 148 based on information from the Sub-Registrar regarding the purchase of land by the assessee. The AO contended that the assessee had given Rs. 31,42,605 out of books for the land purchase. The assessee objected to the proceedings, citing various legal points and decisions. The AO made an addition of Rs. 31,42,605 under section 69. The CIT(A) annulled the re-assessment proceedings, leading to the Revenue's appeal. The ITAT considered the arguments and held that the AO's belief of income escapement lacked a proper basis. The Inspector's report and stamp valuation were insufficient reasons for forming a belief of income escapement. The ITAT referred to a decision by the Madhya Pradesh High Court to support its conclusion. Consequently, the ITAT upheld the CIT(A)'s order, dismissing the Revenue's appeal.

Issue 2: Addition of Rs. 31,42,605 under section 69 of the IT Act, 1961 for unexplained investment in the purchase of land:
Since the first ground of appeal was dismissed, the ITAT did not delve deeply into this issue. However, it noted that there was no material to suggest that the assessee made any investment out of the books of account. The AO had verified the sources of investment and found no basis to hold unexplained investment under section 69 of the Act. Therefore, the ITAT concluded that there was no justification for the addition made by the AO under section 69. As a result, the ITAT dismissed the Revenue's appeal in this regard as well.

In conclusion, the Appellate Tribunal ITAT, Jodhpur, in this judgment, addressed the validity of re-assessment proceedings under section 148 of the IT Act, 1961 and the addition made under section 69 for unexplained investment in the purchase of land. The Tribunal upheld the CIT(A)'s decision to annul the re-assessment proceedings due to the lack of a proper basis for income escapement belief by the AO. Additionally, the ITAT found no material to support unexplained investment by the assessee, leading to the dismissal of the Revenue's appeal on this issue.