2012 (5) TMI 19 - HC - Income Tax

Block assessment - addition u/s 68 is based on evidence recovered in the course of search in the form of realisation statement from the premises of another partner who is assessee s brother - Held that the addition of 40% share income received by the assessee from the above said film i.e. Rs.4.5 lakhs for the assessment year 1994-95 sustained. - In the case of assessee s brother, we have not considered the addition for the year 1995-96 in respect of the same film as the amount involved was low. The findings therein apply to this assessee also for the year 1995-96 - the addition should be separately considered in the case of this assessee alone.

Summary

Issues Involved:
1. Block assessment cancellation by Tribunal.
2. Addition of undisclosed income for assessment years 1994-95 and 1995-96.
3. Corroboration of evidence and realisation statement.
4. Determination of undisclosed income based on recovered evidence.
5. Applicability of findings from previous judgment.
6. Upholding the assessment of share income from the film.

Analysis:
1. The appeal was filed by the Revenue against the Tribunal's decision canceling the block assessment on the respondent-assessee. The block assessment was based on evidence collected during a search conducted in 1997 at the premises of a film distributor and the assessee's brother, who is a film director. The issues in the appeal pertained to the addition of undisclosed income for the assessment years 1994-95 and 1995-96, specifically related to the respondent-assessee's share income from a film production firm. The Tribunal had confirmed the CIT(Appeals) order canceling the block assessment.

2. The addition of undisclosed income was based on evidence recovered during the search, including a realisation statement from the premises of the assessee's brother, who is a partner in the film production firm. The Tribunal had deleted the addition, citing lack of corroboration from the assessee. However, the High Court analyzed a previous judgment involving the assessee's brother and upheld the addition of undisclosed income for the assessment year 1994-95. The Court found that the distributor's statement corroborated the realisation amounts, leading to the reinstatement of the undisclosed income addition.

3. The Court considered the discrepancies in the realisation statements and the distributor's statements regarding the actual amount realized from the film. Despite the Assessing Officer's deductions for expenses claimed by the distributor, the undisclosed income attributable to the assessee was upheld for the assessment year 1994-95. The Court emphasized the importance of documentary evidence and the distributor's statement in determining the undisclosed income, reversing the decisions of the lower authorities.

4. Based on the findings from the previous judgment involving the assessee's brother, the Court sustained the addition of 40% share income received by the assessee from the film for the assessment year 1994-95. The Court did not consider a separate addition for the assessee's share for the year 1995-96 due to the low amount involved, applying the same reasoning as in the previous judgment. Consequently, the Court allowed the appeal in part by upholding the addition of undisclosed income for the year 1994-95 only, amounting to Rs.4.5 lakhs.

In conclusion, the High Court's judgment addressed the issues of block assessment cancellation, addition of undisclosed income, corroboration of evidence, and the applicability of findings from a previous judgment in determining the undisclosed income attributable to the respondent-assessee for the assessment years 1994-95 and 1995-96.