2013 (12) TMI 640 - AT - Income Tax

Computation of undisclosed income During search and seizure operation The assessee has not disclosed one bank account Held that - The Autosweep investments has been made from the said bank account The same amount has been credited back to this account The addition should be on the basis of one transaction The deduction of opening balance of bank account shall be allowed Decided in favour of assessee.

Summary

Issues:
- Seven appeals filed by the assessee against orders of the Commissioner of Income-tax (A), Central-II, Kolkata for the assessment years 2003-04 to 2009-10.
- Claim by the assessee for deduction of opening balance and u/s. 80L of the Act for a bank account not disclosed in returns.
- Auto Sweep investments made from the bank account and subsequent credit back.
- AO adding total credits without granting deductions.
- Telescoping benefit for income added in each assessment year.
- Peak credit computation not presented.

Analysis:
1. Seven Appeals Against CIT(A) Orders:
- The Appellate Tribunal ITAT Kolkata heard seven appeals filed by the assessee challenging the orders of the Commissioner of Income-tax (A), Central-II, Kolkata for the assessment years 2003-04 to 2009-10.

2. Claim for Deductions for Undisclosed Bank Account:
- The assessee claimed deductions for the undisclosed bank account found during a search and seizure operation, including deduction of opening balance and u/s. 80L of the Act for each relevant assessment year.
- The Auto Sweep investments made from the account and subsequent credit back were also highlighted to avoid double addition.

3. AO's Addition of Total Credits and Deductions:
- The Assessing Officer (AO) added total credits from the bank account without granting deductions, leading to a dispute regarding the treatment of Auto Sweep investments and credits back to the account.
- The Tribunal held that the assessee was entitled to deductions for opening balance and u/s. 80L of the Act for each assessment year.

4. Telescoping Benefit and Peak Credit Computation:
- The Tribunal directed the AO to restrict the addition by considering only one of the transactions related to Auto Sweep investments and credits back.
- Additionally, the AO was instructed to grant the assessee the benefit of telescoping in computing total income for subsequent assessment years based on the added income.
- The issue of peak credit computation was not addressed due to the absence of a presented computation.

5. Outcome:
- Consequently, the appeals of the assessee were partly allowed by the Tribunal, providing relief in terms of deductions and restricting the addition of certain transactions from the undisclosed bank account.