2014 (1) TMI 28 - HC - Income Tax

Undisclosed investment in new project - Held that - Addition u/s 69 cannot be made on the basis of estimated figure of investment shown in estimated project report impounded during search operation - Report might have been prepared for diverse purposes and really do not indicate as to actual investment having made by the assessee - The assessing officer has blindly made addition merely on the basis of project report without bringing further evidence in the form of valuation report which may have been obtained by the assessing officer from its valuation officer - No substantial question of law arises - Decided against Revenue.

Summary

Issues:
1. Validity of proceedings under Section 158BD of the Income Tax Act.
2. Addition of Rs. 36,21,692 based on a project report during block assessment.

Issue 1: Validity of proceedings under Section 158BD:
The case involved a search operation by Income Tax Department officers at the premises of a private limited company. Incriminating documents, specifically a project report, were found during the search. The assessing officer initiated proceedings under Section 158BD requiring the company to file a return for block assessment. The company challenged the initiation of proceedings under Section 158BD, arguing that the project report was not authentic and did not pertain to them. The CIT (A) upheld the initiation of proceedings but deleted the addition made based on the project report. The Tribunal quashed the assessment, stating that the proceedings under Section 158BD were improper. The High Court disagreed with the Tribunal, citing a Supreme Court case precedent where the absence of jurisdiction and satisfaction by the assessing officer rendered the proceedings invalid. In this case, the assessing officer had jurisdiction and acted on the incriminating document found during the search, justifying the initiation of proceedings under Section 158BD.

Issue 2: Addition based on project report during block assessment:
The assessing officer made an addition of Rs. 36,21,692 based on a project report submitted by the company for obtaining loans. The company did not avail any loans based on these reports. The CIT (A) and the Tribunal both concluded that the addition was unjustified. They found that the project reports were prepared for submission to financial institutions but were not acted upon by the company. The assessing officer compared the project report figures with the balance sheet figures of the company, leading to the addition. However, the High Court held that the addition was not supported by sufficient evidence. Merely having an estimated figure in a project report does not prove actual undisclosed investment. The burden of proof under Section 69 lies with the revenue, and in this case, it was not met. The High Court emphasized the need for proper foundation and additional evidence to support such additions. Since no substantial question of law arose from the findings of the appellate authorities, the High Court dismissed the appeal, upholding the deletion of the addition.

In conclusion, the High Court dismissed the appeal, affirming the initiation of proceedings under Section 158BD and the deletion of the addition based on the project report during the block assessment period.