2012 (8) TMI 456 - AT - Income Tax

Unexplained investment u/s 69 - Held that - Considering the additional evidence submitted by the assessee that the investment in the flat has been made from the disclosed bank account & the deposits in the said bank account are out of sale proceeds of agriculture produce it is necessary to examine the credits in the bank account and agriculture income derived by the assessee - as the said bank account was not examined either by the A.O. or by the ld. CIT(A) it fair and reasonable that the matter should go back to the file of the A.O.to decide the same afresh - in favour of assessee for statistical purposes. Addition made on account of low withdrawal - Held that - No dispute that the A.O., without providing any opportunity to the assessee in respect of the Inspector s report, estimated the household expenses as Rs. 1,20,000/- per year and has not considered the fact that the assessee got married on 18-11-2005 it fair and reasonable that the matter should go back to the file of the A.O. to decide the same afresh - in favour of assessee for statistical purposes.

Summary

Issues Involved:
1. Sustenance of unexplained investment of Rs. 3,01,000 under section 69 of the Income Tax Act.
2. Addition of Rs. 84,000 on account of low withdrawal.

Analysis:

Issue 1: Sustenance of Unexplained Investment of Rs. 3,01,000
- The appellant, an individual deriving income from commission, filed a return showing total income of Rs. 97,599. However, the assessment was completed at an income of Rs. 12,70,380, including additions for low withdrawal and unexplained investment in a house property.
- The Assessing Officer (A.O.) observed that the investment made by the appellant did not align with the disclosed income. The A.O. treated the investment as undisclosed within the meaning of section 69-C of the Act.
- The appellant contended that the investment was made from a disclosed bank account, supported by evidence of agriculture income. The appellant sought admission of additional evidence to substantiate the source of funds.
- The Tribunal found that the bank account showing substantial deposits was not examined by the A.O. or the Commissioner of Income Tax (Appeals). Considering the importance of the additional evidence, the Tribunal admitted it and remanded the matter to the A.O. for fresh examination.

Issue 2: Addition of Rs. 84,000 on Account of Low Withdrawal
- The A.O. estimated household expenses at Rs. 1,20,000 based on an independent inquiry, leading to an addition of Rs. 84,000 due to low withdrawal shown by the appellant.
- The Commissioner of Income Tax (Appeals) upheld the addition but directed set off of estimated income from household expenses.
- The appellant argued that the Inspector's report was not provided for rebuttal and highlighted that the marriage date was later in the accounting year. The appellant claimed household expenses were covered by agriculture income.
- The Tribunal noted discrepancies in the A.O.'s estimation and lack of opportunity for the appellant to address the Inspector's report. Following the principles applied in the first issue, the Tribunal set aside the decision and referred the matter back to the A.O. for a fresh assessment.

In conclusion, the Tribunal partially allowed the appellant's appeal for statistical purposes, remanding both issues for fresh consideration by the Assessing Officer.