2013 (7) TMI 287 - HC - Income Tax

Quashing of assessment - Search on premises resulted in addition undisclosed income - only item seized was jewellery belonging to the family members, for which, there was no addition. - Held that - there was no evidence found and there were no materials found showing undisclosed income - on the very basis on which the assessment so framed not being available, the entire assessment could not be sustained - Decided in favour of assessee.

Summary

Issues:
Appeal against block assessment made by the Income-tax Appellate Tribunal on the grounds of lack of evidence and materials found during search.

Analysis:
The case involves an appeal by the Revenue against the order of the Income-tax Appellate Tribunal regarding a block assessment for the years 1986-87 to 1995-96. A search was conducted in the assessee's premises in 1995 under section 132 of the Income-tax Act, during which limited materials justifying additions to undisclosed income were found. The Assessing Officer completed the assessment, treating the undisclosed income at Rs. 11,08,149, based on discrepancies in gold and silver items seized and explanations provided by the assessee.

The assessee challenged the assessment before the Income-tax Appellate Tribunal, arguing that the additions were mainly due to inadequate drawings and share sales. The Tribunal noted that the seized jewellery belonged to family members and no additional income was warranted. Referring to section 158BB, the Tribunal emphasized the lack of evidence and materials indicating undisclosed income. Consequently, the Tribunal concluded that the assessment could not be sustained without the necessary basis and allowed the assessee's appeal.

Upon detailed examination of the Tribunal's order and findings, the High Court upheld the Tribunal's decision, dismissing the tax case appeal. The substantial questions of law were answered in favor of the assessee, highlighting the insufficiency of evidence to support the block assessment. The judgment favored the assessee, and no costs were awarded in this matter.