2014 (1) TMI 284 - AT - Income Tax

Reopening of Assessments u/s 147 of the Act Regular Return filed or not Remittances made to father Both Revenue and Assessee made appeal - Held that - The entire net turnover after deducting the expenses was remitted to the assessee s father Shri E Shamsuddin at Edappallykotta - If the entire net turnover was remitted after deducting the expenses then what is the profit element left in the hands of the assessee - Whether the assessee is transferring the profit to his father as application of funds or he is conducting the business as an agent of his father - Thus it has to be ascertained whether Shri E Shamsuddin was doing business at different places through his sons and relatives - If that is so the profit has to be assessed only in the hands of Shri E Shamsuddin the Tribunal could not decide the issue in the absence of any material on record - The material found during the course of search operation and the statement recorded u/s 132(4) of the Act is not available on record - on the basis of mere oral and written submission the Tribunal is not in a position to determine at whose hands the profit has to be assessed. The CIT(A) has restricted the turnover ignoring the seized material which discloses huge remittances by the assessee - the seized material and the statement recorded u/s 132(4) of the Act in the course of search operation in the premises of Shri E Shamsuddin are relevant factors to be considered - It is also necessary to confront the assessee with material found during the course of survey and search operation and the statements recorded during the course of those proceedings the matter remitted back to the AO for fresh adjudication decided in favour of Assessee and Revenue.

Summary

Issues:
Assessment years 2003-04, 2004-05, 2005-06, and 2006-07 - Reopening of assessments under section 147 - Estimation of turnover and gross profit based on survey operations and seized materials - Addition made by assessing officer - CIT(A) restrictions - Relationship between assessee and Shri E Shamsuddin - Nature of remittances and turnover - Relevance of seized documents - Opportunity for assessee to rebut materials - Profit assessment and business arrangement between parties.

Detailed Analysis:

1. Reopening of Assessments and Estimation of Turnover:
The assessee and revenue filed appeals for multiple assessment years due to common issues. The assessing officer made significant additions based on survey operations and seized materials, estimating turnovers and gross profits. The CIT(A) restricted some turnovers but confirmed others. The assessing officer's estimates were challenged by the assessee's counsel, arguing lack of substantiated material and justification for additions.

2. Nature of Remittances and Turnover Estimation:
The ld.DR contended that remittances from the assessee to Shri E Shamsuddin were significant and indicated higher turnovers than declared. The seized documents revealed substantial remittances, leading to the assessing officer's additions. The ld.DR emphasized the importance of seized materials in determining turnovers and criticized the CIT(A) for restricting additions based on such evidence.

3. Profit Assessment and Business Arrangement:
The Tribunal analyzed the relationship between the parties and the nature of remittances. Questions arose regarding the profit element left with the assessee, potential business arrangements, and the source of remitted funds. Lack of clarity on profit distribution and business structure necessitated further investigation. The Tribunal highlighted the need for assessing officer to reexamine the issue considering seized materials and statements recorded during search operations.

4. Opportunity for Assessee to Rebut Materials:
The Tribunal noted the absence of an opportunity for the assessee to challenge the seized materials and emphasized the importance of providing a chance for rebuttal. The assessing officer was directed to reconsider the issue, allowing the assessee to address and counter the evidence found during the survey and search operations.

5. Conclusion and Remittance Back to Assessing Officer:
The Tribunal set aside lower authorities' orders for all years and remitted the entire issue back to the assessing officer. The assessing officer was instructed to reevaluate the matter in light of seized materials and statements, ensuring a fair opportunity for the assessee to respond. Both appeals were allowed for statistical purposes.

This comprehensive analysis demonstrates the complexity of the case involving estimation of turnovers, profit assessment, business relationships, and the importance of seized materials in tax assessments. The Tribunal's decision highlights the need for thorough examination and fair opportunities for parties to present their case effectively.