2010 (2) TMI 873 - AT - Income Tax

LTCG or income from other sources - Unexplained shares - Held that - assessee has not filed any cogent evidence to show as to why the shares purchased in November, 2003 for which payment was made by the assessee in February, 2004 were credited to her Demat A/c in November, 2004. Since the assessee has not filed any cogent evidence, it has to be held that these shares which were credited in Demat A/c of the assessee in November, 2004 were not the same shares which are stated to have been purchased by the assessee in November, 2003. Since no other source has been explained by the assessee regarding credit of these 11000 shares in her Demat A/c in November, 2004. These shares have to be held as unexplained shares, sale proceeds of which have to be assessed as unexplained income of the assessee, therefore, reverse the order of the ld CIT(A) and uphold the assessment order on this issue. Ground of the revenue is allowed.

Summary

Issues:
1. Deletion of addition of income from other sources
2. Deletion of addition related to profit from a specific entity
3. Set aside the order of CIT(A) and restore that of Assessing Officer

Analysis:

Issue 1: Deletion of addition of income from other sources
The Assessing Officer noted that the assessee declared long-term capital gain based on the sale of shares of a company. The assessee claimed to have acquired the shares in 2003 and sold them in 2005. However, the Assessing Officer found discrepancies in the transaction, including unrealistic price appreciation of the shares within a short period. The Assessing Officer treated the gain as income from undisclosed sources. The Tribunal observed that the shares were credited to the assessee's Demat account in 2004, raising doubts about the actual purchase date. The Tribunal held that the assessee failed to provide evidence supporting the purchase date claimed, leading to the conclusion that the shares sold were unexplained income. Consequently, the Tribunal reversed the CIT(A)'s decision and upheld the assessment order, allowing ground No.1 of the revenue's appeal.

Issue 2: Deletion of addition related to profit from a specific entity
The assessee mistakenly mentioned income from one entity instead of another in the return of income. The CIT(A) accepted the assessee's explanation that there was no actual dealing with the incorrectly mentioned entity and that the income declared was accurate. The Tribunal reviewed the accounts and confirmed that the income declared matched the actual transactions, with a minor discrepancy due to an advance given. As there was no other discrepancy, the Tribunal rejected the revenue's appeal on this issue, upholding the CIT(A)'s decision.

Issue 3: Set aside the order of CIT(A) and restore that of Assessing Officer
The Tribunal partly allowed the revenue's appeal, upholding the Assessing Officer's decision on the first issue while rejecting the appeal on the second issue. The Tribunal found that the CIT(A) had erred in deleting the addition of income from undisclosed sources, as the assessee failed to provide sufficient evidence to support the claimed purchase date of the shares. However, the Tribunal upheld the CIT(A)'s decision regarding the profit from the specific entity, as the income declared matched the actual transactions. Hence, the Tribunal's decision partially favored the revenue's appeal.

This detailed analysis covers the key issues raised in the judgment, providing a comprehensive understanding of the Tribunal's decision on each matter.