2014 (5) TMI 354 - AT - Income Tax

Determination of real owner of liquor business assessee denies to tax and for any liability which has been created in her name interalia - Held that - The assessee first approached ITO for examination of her signatures on the income tax return, vakalatnama, audit report, memorandum of appeal form no. 35, ground of appeal etc. through handwriting expert report on 3.4.2013 and at the same time, the assessee herself obtained a report from Shri Sanjeev Tomar, handwriting expert and as per his report dated 29.4.13, the signatures on liquor licence application, licence, income tax return, vakalatnama, audit report, appeal form No. 35 were found forged and as per this report, signature on all above documents were not signed by the assessee as the disputed signatures and standard signatures were not made by the same person. The documents submitted by the assessee first time before the Tribunal contained in paper book 2 dated 28.4.2012 were not before the authorities below during assessment and appellate proceedings it would be just and proper that the documents should be verified and examined at the end of AO - the orders of the authorities had been passed on the back of the assessee and by ignoring vital objections and contentions of the assessee the assessment order and appellate order are not sustainable and are set aside thus, the matter is remitted back to the AO for fresh adjudication - the AO is also directed that income tax can be charged only on the person who earned income from the liquor business Decided in favour of Assessee.

Issues Involved:
1. Legitimacy of the tax liability imposed on the assessee.
2. Whether the assessee was involved in the liquor business.
3. Validity of the assessment and appellate orders.
4. Determination of the real owner of the liquor business.
5. Examination of forged signatures and documents.

Detailed Analysis:

1. Legitimacy of the Tax Liability Imposed on the Assessee:
The assessee denied any tax liability, arguing that she was a permanent Anganwadi worker with no involvement in any business, particularly the liquor business. The assessee contended that the tax demand of Rs. 15,07,030/- on an income of Rs. 39,03,450/- was arbitrary and unjust.

2. Whether the Assessee was Involved in the Liquor Business:
The assessee claimed that her son and his partner conducted the liquor business using her name and forged her signatures on various documents, including the liquor license application, income tax return, and other related papers. The assessee maintained that she had no knowledge of or involvement in the liquor business.

3. Validity of the Assessment and Appellate Orders:
The assessee argued that the assessment and appellate orders were passed without considering her objections and contentions. The Commissioner of Income Tax (Appeals) ignored her adjournment application and proceeded ex-parte. The appellate order was challenged as arbitrary, unjust, and against the principles of natural justice.

4. Determination of the Real Owner of the Liquor Business:
The assessee requested that the proceedings be sent back to the ITO to determine the actual owner of the liquor business. The assessee's counsel highlighted that the business was conducted by her son and his partner, who forged her signatures on all relevant documents.

5. Examination of Forged Signatures and Documents:
The assessee provided a handwriting expert's report indicating that the signatures on the liquor license application, income tax return, and other documents were forged. The assessee also filed an affidavit stating that she had never applied for a liquor license, conducted any liquor business, or filed any income tax return related to such business.

Judgment Analysis:

Assessment and Appellate Orders:
The Tribunal observed that the Commissioner of Income Tax (Appeals) had not properly addressed the assessee's objections and contentions. The appellate order was passed without considering the adjournment application and other crucial evidence provided by the assessee.

Verification of Documents:
The Tribunal noted that the second paper book submitted by the assessee, containing 110 pages of evidence, was not presented before the authorities below. These documents required examination and verification by the Assessing Officer.

Direction for Fresh Inquiry:
The Tribunal set aside the assessment and appellate orders, directing the Assessing Officer to conduct a thorough inquiry into the matter. The Assessing Officer was instructed to determine the actual person who earned income from the liquor business and to fasten the tax liability accordingly. The Tribunal also directed that any criminal acts discovered during the investigation should be reported to the police authorities.

Conclusion:
The Tribunal allowed the assessee's appeal for statistical purposes and dismissed the revenue's cross-objection. The case was remanded to the Assessing Officer for de novo adjudication, ensuring due opportunity of hearing to the assessee and a diligent inquiry into the real owner of the liquor business.

Order Pronounced:
The order was pronounced in the open court on 30.4.2014.

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