2013 (12) TMI 244 - AT - Income Tax

Rejection of books of accounts - Held that - Books of accounts were not produced before the AO during the course of the assessment proceedings but were furnished for the first time before the Ld. CIT(A) - It was not possible for the assessee to complete assessee s books of account in response to summons issued u/s. 131(1) of the Act - the assessee was prevented by reasonable cause for not complying with the summons - The reason for delay in preparation of the books of account has been admitted by the Tribunal - There is no justified reason why the same were rejected as being non admitted by the lower authorities - At the most the books cannot be said to be contemporary but the entries in the books are contemporary and based on the seized documents and bank statements including contract notes - As the reasons for the delay in the preparation of the books of accounts have been conclusively established and accepted - There is no reason why the Ld. CIT(A) should have rejected the book results - The issue was restored for fresh adjudication. Unaccounted investment - Held that - The AO issued letters to various companies to know the holding in shares of those companies by the assessee in cases where the companies reported higher than the accounted holding - No evidence collected behind the back of the assessee could be used against the assessee unless an opportunity is given to the assessee to rebut the same. As the Revenue authorities have grossly erred in relying upon the evidences collected behind the back of the assessee, the additions based on such materials deserves to be deleted - Decided in favour of assessee. Interest expense - Held that - Following assessee s own case for A.Y. 1996-97 - The issue was restored for fresh adjudication.

Summary

Issues Involved:
1. Determination of income based on final books of account.
2. Determination of total income by considering net accretion to various assets.
3. Confirmation of unaccounted investments.
4. Disallowance of deduction on account of interest expense.
5. Disallowance of deduction of other expenses.
6. Chargeability of interest under sections 234A, 234B, and 234C of the Act.

Detailed Analysis:

1. Determination of Income Based on Final Books of Account:
The assessee contested the determination of income based on the net accretion method adopted by the Assessing Officer (AO) rather than the final books of account. The Tribunal had previously set aside the matter to the CIT(A) to decide afresh. During appellate proceedings, the assessee provided books of account as additional evidence. However, the CIT(A) and AO found these books unreliable, citing their belated preparation and potential manipulation. The CIT(A) referenced a similar case involving Harshad S. Mehta, concluding that the books were unreliable. The Tribunal, however, noted that the delay in preparing the books was due to reasonable causes, such as ongoing legal proceedings and restrictions on accessing documents. The Tribunal directed the CIT(A) to compute the income based on the books of account, allowing this ground for statistical purposes.

2. Determination of Total Income by Considering Net Accretion to Various Assets:
Since the Tribunal directed the CIT(A) to compute the taxable income as per the books of account, the additions contested under this ground were deleted. Grounds 4, 5, and 6 were accordingly allowed.

3. Confirmation of Unaccounted Investments:
The assessee challenged the addition of Rs. 3,79,42,133/- based on information collected from various companies regarding shareholdings, arguing that this information was not provided during assessment or remand proceedings, violating principles of natural justice. The Tribunal agreed, stating that evidence collected behind the assessee's back without an opportunity to rebut cannot be used against them. The Tribunal reversed the CIT(A)'s findings and directed the AO to delete the addition, allowing this ground.

4. Disallowance of Deduction on Account of Interest Expense:
The issue of disallowance of interest expense was restored to the AO, following the Tribunal's directions in the assessee's own case for A.Y. 1996-97. The AO was directed to follow the Tribunal's findings from previous years. This ground was allowed for statistical purposes.

5. Disallowance of Deduction of Other Expenses:
As the Tribunal directed the CIT(A) to compute the income based on the books of account, all expenses debited in the books would automatically be allowed. Thus, this ground was allowed.

6. Chargeability of Interest Under Sections 234A, 234B, and 234C of the Act:
The chargeability of interest under sections 234A, 234B, and 234C was acknowledged as mandatory but consequential. This ground was addressed in line with the Tribunal's overall findings.

Conclusion:
The appeal was partly allowed for statistical purposes, with the Tribunal directing the CIT(A) to compute the income based on the books of account and addressing various grounds in favor of the assessee. The Tribunal emphasized adherence to principles of natural justice and reasonable cause for delays in compliance.