2013 (12) TMI 362 - AT - Income Tax

Addition of income u/s 69A During the course of survey u/s 133A - The assessee had received Rs.2.39 crores in cash from Marvel group The assessee has also received Rs. 1.61 crores through cheque as an advance for agreement to sale - Held that - The transaction involves huge amount - No agreement for entering into the transaction or for cancellation of the deal was produced - These were oral agreements and no formal MOU was entered into The failed to prove whether any subsequent sale has taken place of the said property the value of such sale and whether MRDL is a party to any such agreement or not - The details of cash transactions and cheque transactions were found from the premises of MRDL and entries relating to cheque transactions in the books of MRDL tallies with the entries in the books of the assessee which shows that such cash transactions are genuine The matter was set aside for fresh adjudication.

Summary

Issues:
Addition of Rs.2,39,24,910 u/s.69A made by the Assessing Officer and confirmed by the CIT(A).

Analysis:

Issue 1: Addition of Rs.2,39,24,910 u/s.69A
The appeal was against the order of the CIT(A) regarding the addition made by the Assessing Officer under section 69A. The assessee, a partnership firm, was engaged in the business of Promoter and Builder. The investigation revealed that the assessee had received Rs.2.39 crores in cash from Marvel group. The Assessing Officer concluded that the amount was undisclosed income and added it to the total income of the assessee under section 69A. The assessee contended that no such cash was received, and the amount received by cheque was refunded as the deal was cancelled. The CIT(A) upheld the addition, noting that while cheque payments were recorded in the books, cash payments were not. The CIT(A) rejected the argument that the books of Marvel group were faulty. The tribunal observed discrepancies and lack of evidence regarding the cash transactions. The Assessing Officer did not examine other directors of Marvel group responsible for maintaining books. The tribunal found it necessary to restore the issue to the Assessing Officer for fresh adjudication, considering the lack of clarity on subsequent developments and the fate of cash transactions in the hands of Marvel group.

Conclusion:
The tribunal allowed the appeal for statistical purposes, directing the Assessing Officer to re-examine the issue after providing the assessee with a fair opportunity to present their case. The decision highlighted the importance of thorough examination and proper documentation in cases involving substantial cash transactions and emphasized the need for clarity on the genuineness of transactions before making additions based on incomplete information.