2013 (10) TMI 421 - AT - Income Tax

Household expenses alleged to be met out of income from undisclosed sources Held that - When the source of income from agricultural activities on the land in the name of assessee and HUF of the assessee s husband, income from dairy farming of the assessee, salary income of the husband of the assessee and the interest income on FDR of the assessee was accepted, which was sufficient for the household expenses - Household expenses were not incurred from the undisclosed income Addition deleted Decided in favor of Assessee.

Summary

Issues involved:
1. Validity of assessment order based on alleged non-compliance of notice u/s 142(1)
2. Addition of Rs. 3,57,690 for unexplained investment in agricultural land
3. Addition of Rs. 24,000 for household expenses
4. Levy of interest charged u/s 234A & 234B

Issue 1: Validity of assessment order based on alleged non-compliance of notice u/s 142(1):
The assessee contested the validity of the assessment order passed under section 144, arguing that the notice u/s 142(1) was allegedly non-compliant and invalid. The Assessing Officer estimated the sale consideration of land, leading to an addition. The assessee claimed the investment was from disclosed sources, providing various documents. The CIT(A) reduced the addition to 50%, which the assessee appealed. The Tribunal found the CIT(A) unjustified in sustaining the addition, as no adverse comments were made on the documents provided. The addition was deleted.

Issue 2: Addition of Rs. 3,57,690 for unexplained investment in agricultural land:
The Assessing Officer added Rs. 3,57,690 for unexplained investment in agricultural land. The assessee argued the investment was from disclosed sources, including agricultural and dairy income. The CIT(A) sustained 50% of the addition. The Tribunal noted the accepted sources of income and deleted the addition, finding no justification for the CIT(A) to uphold it.

Issue 3: Addition of Rs. 24,000 for household expenses:
The Assessing Officer added Rs. 24,000 for household expenses from undisclosed income. The CIT(A) upheld this addition. The Tribunal disagreed, stating that the accepted sources of income were adequate to cover household expenses. Therefore, the addition was deleted.

Issue 4: Levy of interest charged u/s 234A & 234B:
Both parties agreed that the interest charged under section 234A & 234B was consequential. The Tribunal made an order accordingly.

In conclusion, the Tribunal allowed the assessee's appeal, deleting the additions made for unexplained investment in agricultural land and household expenses. The interest charged under section 234A & 234B was treated as consequential. The Tribunal found the CIT(A) unjustified in sustaining the additions, as the sources of income were adequately explained and documented by the assessee.