2012 (8) TMI 11 - AT - Income Tax

Block assessment - Unexplained investment - estimated profit on difference in work in progress - remuneration as undisclosed income - held that - the assessee has justified the payment of onmoney for purchase of land and he has filed necessary cash flow statement to explain the sources for on-money payment and details of advances received for Usha Enclave to justify the sources of fund. The assessing officer has conducted series of investigation and probed the assessee, which proves that the advances are genuine. - The assessing Officer justified his addition purely on guess work stating that the assessee has no chance of diverting advances for purchase of property and he would have used all the money for construction of building itself. It is not able to prove that the work in progress declared by the assessee with the support of valuation report from registered valuer is not correct. It is only on the basis of hypothetical assumptions and the additions are purely on guess work and without any material evidences. - Decided in favor of assessee. Estimation of profit - held that - The CIT(A) has rightly estimated the 8% profit on difference in work in progress and given relief for the balance and his order needs no rectification.

Issues Involved:
1. Addition towards unexplained investment in the form of advances.
2. Estimation of profit on difference in work-in-progress.
3. Adjustment of loss and deletion of profit on work-in-progress.
4. Addition of remuneration as undisclosed income.

Detailed Analysis:

1. Addition towards unexplained investment in the form of advances:
The CIT(A) confirmed the addition of Rs. 46,29,401 towards unexplained investment in advances to Sri K. Anjaneyulu & Bros. The assessee argued that an aggregate amount of Rs. 1,18,68,000 was treated as undisclosed income for different assessment years, and the source for the said investment was properly explained. The Tribunal found that the assessee had indeed filed a cash flow statement explaining the sources for the on-money payment for land purchase. The Tribunal directed the Assessing Officer to delete the addition made on account of undisclosed income being on-money paid for the purchase of land, as the assessee had enough sources for making the impugned on-money payment.

2. Estimation of profit on difference in work-in-progress:
The CIT(A) confirmed the estimation of profit at 8% on the difference in work-in-progress arrived at Rs. 7,87,263 for the A.Y. 1997-98. The Tribunal upheld the CIT(A)'s estimation of 8% profit on the difference in work-in-progress, confirming the addition of Rs. 68,431 and giving relief of Rs. 7,18,832. The Tribunal found that the CIT(A) had rightly estimated the profit based on the difference in work-in-progress.

3. Adjustment of loss and deletion of profit on work-in-progress:
The Revenue's appeal argued that the CIT(A) was incorrect in allowing the adjustment of loss of Rs. 6,96,461 and deleting the addition of profit on work-in-progress of Rs. 2,14,218 for the A.Y. 1998-99. The Tribunal upheld the CIT(A)'s order, stating that the assessee had already considered the profit from work-in-progress and set it off from other losses, returning a net loss. Therefore, a separate addition of Rs. 2,14,418 was not justified.

4. Addition of remuneration as undisclosed income:
The CIT(A) deleted the addition of Rs. 6,00,000 remuneration received from M/s. Image Chit Funds Pvt. Ltd. for the A.Y. 1998-99. The Tribunal confirmed the CIT(A)'s order, agreeing that the appellant, being a Director of the company, was eligible for standard deduction. The Tribunal found that the appellant had already taken into account the remuneration while arriving at the loss for the year, and the AO was not justified in making a separate addition of Rs. 6,00,000.

Conclusion:
The Tribunal partly allowed the appeal of the assessee and dismissed the appeal of the Revenue. The Tribunal directed the deletion of the addition towards unexplained investment, upheld the estimation of profit on the difference in work-in-progress, confirmed the adjustment of loss and deletion of profit on work-in-progress, and upheld the deletion of the addition of remuneration as undisclosed income. The Tribunal pronounced the order in the open court on 31st May, 2012.

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