2012 (12) TMI 279 - AT - Income Tax

Search - addition u/s 68 of the Act, as unexplained cash credit Held that - Grievance of the assessee is that the AO ignored the cash flow statement filed before him and since the AO has not pointed out any mistake in the cash flow statement, then there is no requirement for adducing evidence for sources particularly when the capital is introduced from out of available funds - issue needs verification, therefore matter remanded to AO Addition as unexplained investment - AO made the addition based on seized document found in the course of search conducted in the premises of the assessee Held that - Merely based on the notings in the seized material from the premises of the assessee and coming to the conclusion that the assessee made unexplained investment in the plots and making addition u/s 68 is not proper without bringing on record proper evidence to show that assessee has invested unexplained money in the plots - restore this issue to the file of the AO

Summary

Issues:
1. Addition of unexplained cash credit under section 68 of the Income Tax Act for assessment year 2005-06.
2. Addition of unexplained cash credit under section 68 of the Income Tax Act for assessment year 2007-08.
3. Addition of unexplained investment for assessment year 2007-08.

Analysis:

Issue 1:
In the assessment year 2005-06, the appellant contested the addition of Rs. 3,19,736 as unexplained cash credit under section 68 of the Act. The AO treated the amount as unexplained cash credit due to lack of substantiating evidence from the appellant. The CIT(A) upheld the addition, stating the appellant failed to provide necessary supporting evidence for the credit. However, the ITAT set aside the CIT(A)'s order, directing the AO to verify the documentary evidence and other income sources of the appellant before making a decision, emphasizing the need for a reasonable opportunity for the appellant to present evidence.

Issue 2:
For the assessment year 2007-08, the appellant challenged the addition of Rs. 17,50,000 as unexplained cash credit under section 68 of the Act. The AO considered the amount as unexplained cash credit as the appellant could not substantiate the source of the credit in the bank account. The CIT(A) confirmed this addition, noting the lack of authenticated documents supporting the appellant's case. However, the ITAT reversed the CIT(A)'s decision, directing the AO to re-examine the issue after providing the appellant with an opportunity to present necessary documentary evidence to support their claim.

Issue 3:
Regarding the addition of Rs. 8,25,000 as unexplained investment for the assessment year 2007-08, the AO based the addition on seized documents indicating payments for property purchases. The CIT(A) upheld the addition, stating the appellant failed to provide conclusive evidence to rebut the seized documents. The ITAT remanded the issue to the AO, emphasizing the need for corroborative evidence before making such additions, and providing the appellant with an opportunity to present evidence to clarify the nature of the investments.

In conclusion, the ITAT allowed both appeals for statistical purposes, emphasizing the importance of providing sufficient evidence and opportunities for the appellant to substantiate their claims in cases of additions related to unexplained cash credits and investments.