2012 (2) TMI 351 - HC - Income Tax

Cessation of liability - Tribunal rejected the appeal against the order of the CIT(Appeals) deleting the addition made by A.O. u/s 41(1) Held that - CIT(Appeals) found several findings recorded by the A.O. to be factually incorrect. In view of the reasons given by the A.O. and the factual matrix recorded by the CIT(Appeals) and the Tribunal, we do not find any reason to interfere Decided against the Revenue.

Summary

Issues:
1. Appeal by Revenue under Section 260A of the Income Tax Act, 1961 challenging Tribunal's order.
2. Addition of Rs.1,63,37,365/- by Assessing Officer under Section 41(1) of the Act.
3. Allegation of bogus purchases related to Makkar Traders.
4. New facts and grounds raised by Revenue's counsel not considered by Tribunal.
5. Discrepancies in findings recorded by Assessing Officer and CIT(Appeals).
6. Failure of Assessing Officer to consider ledger account provided by respondent-assessee.

Analysis:
1. The appeal before the High Court challenged the Tribunal's decision to reject Revenue's appeal against the deletion of Rs.1,63,37,365/- addition made by the Assessing Officer under Section 41(1) of the Income Tax Act, 1961. The Revenue contended that the provisions of Section 41(1) were wrongly invoked due to alleged bogus purchases by Makkar Traders, pointing out discrepancies in the address and common representation with the respondent-assessee.

2. The Revenue's counsel raised new facts and grounds not previously mentioned in the assessment order, which were not presented before the Tribunal. The Tribunal did not consider these new contentions, depriving the assessee of an opportunity to respond. The assessment order highlighted the failure of the assessee to provide necessary details and confirmations regarding the transactions with Makkar Traders, leading to the addition under Section 41(1).

3. Upon review, the CIT(Appeals) found factual inaccuracies in the Assessing Officer's findings and discrepancies in the assessment process. The assessee had submitted relevant documents, including the income tax return, income and expenditure account, balance sheet, and ledger account of Makkar Traders. The ledger account revealed payments made to Makkar Traders via cheques and payments to third parties on their behalf, contradicting the Assessing Officer's conclusions.

4. The High Court, considering the grounds and factual findings of the Assessing Officer, CIT(Appeals), and the Tribunal, declined to interfere with the decision. The Court dismissed the appeal, emphasizing the lack of justification for intervention based on the presented facts and legal analysis. No costs were awarded in this matter.