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2012 (12) TMI 575 - HC - Income TaxAccommodation entries - Income escaping assessment - reassessment u/s 147 - held that - As regards the challenge to the reopening of proceedings is concerned, the Court is satisfied that the notice under Section 147 reflected due application of mind to objective material furnished to the AO, i.e. by way of Investigation Report which could have given rise to a bonafide belief, legitimately falling within Section 147. The materials produced before the AO and also discussed by the AO in the remand report were taken into consideration. Furthermore, it is not as if the entire amount of Rs.55,44,816/- which was shown to be the balance in the bank account of the appellant is sought to be added back. In that regard, the assessee s explanations were somewhat accepted. The Revenue has proceeded on the footing that the appellant provided some services and charged him only to the commission reasonably earned by it, i.e. Rs.1,10,896/-. Being a pure question of fact, this Court cannot, exercising jurisdiction to consider substantial questions of law, convert it into a third Court of fact and examine the concurrent findings. - Decided against the assessee.
Issues Involved
1. Whether the Tribunal erred in upholding the addition of Rs.1,10,896/- as income earned by way of commission for providing accommodation entries. 2. Whether the reopening of assessment proceedings under Section 147 was justified. 3. Whether the additions made by the AO were substantiated by adequate evidence. 4. Whether the Tribunal and lower authorities overlooked the materials and supporting documentary evidence provided by the assessee. 5. Whether the findings of the ITAT and CIT(A) were perverse and not based on the materials produced. Detailed Analysis 1. Tribunal's Error in Upholding Addition of Rs.1,10,896/- The assessee contested the ITAT's decision to uphold the addition of Rs.1,10,896/- as income earned by way of commission for providing accommodation entries. The ITAT, CIT(A), and AO all concluded that the assessee could not substantiate its claims with supporting documentary evidence. The CIT(A) noted that the assessee failed to explain the credit balance of Rs.55,44,816/- in its bank account and found no evidence to support the claimed business activities. The ITAT upheld this conclusion, indicating that the assessee had not been carrying on any actual business activity. 2. Justification for Reopening Assessment Proceedings under Section 147 The Court found that the notice under Section 147 reflected due application of mind to the objective material furnished by the Investigation Report. The AO had legitimate reasons to believe that income had escaped assessment, justifying the reopening of assessment proceedings. The Court held that the AO's jurisdiction was not limited to the material that initially prompted the reopening but extended to the entire assessment. 3. Substantiation of Additions by Adequate Evidence The AO, CIT(A), and ITAT all found that the assessee failed to provide adequate evidence to substantiate its claims. The AO noted that the assessee had deposited cash on various dates without supporting documentary evidence. The CIT(A) and ITAT both found that the assessee could not explain the credit balance in its bank account or provide evidence for the claimed business transactions, including commission received and paid. 4. Overlooking of Materials and Supporting Documentary Evidence The assessee argued that the Tribunal and lower authorities overlooked the materials and supporting documentary evidence it provided. However, the CIT(A) and ITAT both reviewed the evidence presented, including bank statements and transaction details. The CIT(A) even sought a remand report from the AO, which was considered in the final decision. The Court found that the authorities did not overlook the evidence but found it insufficient to substantiate the assessee's claims. 5. Findings of ITAT and CIT(A) as Perverse The assessee contended that the findings of the ITAT and CIT(A) were perverse and not based on the materials produced. The Court, however, found that the authorities had thoroughly examined the evidence and provided detailed reasons for their conclusions. The Court held that it could not re-examine the concurrent findings of fact by the lower authorities, as it was not a third Court of fact. Conclusion The Court dismissed the appeal, finding no substantial question of law that required answering. The ITAT's order was upheld, and the petition seeking intervention under Article 226 was found to be devoid of merits. The Court concluded that the reopening of assessment proceedings was justified, the additions made were substantiated by adequate evidence, and the findings of the ITAT and CIT(A) were not perverse.
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