2014 (8) TMI 829 - AT - Income Tax

Unexplained expenditure u/s 69C - Deletion of addition on the basis of loose sheets seized from premises Contents of the documents not appreciated Figures written were cash payments made to staff Held that - CIT(A) was rightly of the view that the AO cannot blow hot & cold at the same time whereby he cannot rely partly on the statement given by Shri Ashok Kumar Dokania. Either the statement is fully acceptable to the AO or not acceptable to him - He cannot be permitted to substitute figures of payment and the dates of payment without giving any cogent reasons - the assessee has not been given sufficient opportunity to cross-examine Shri Ashok Kumar Dokania during the course of assessment proceedings - the loose sheet is neither found nor seized from the premises of the assessee - CIT(A) has correctly taken cognizance of all the relevant facts and materials for deleting the addition on the basis of loose sheet found and seized from third party s premises Decided against Revenue.

Summary

Issues:
- Addition of unexplained expenditure based on loose sheets seized during search and seizure operations
- Interpretation of statements recorded under oath during search proceedings
- Validity of the AO's reliance on third-party evidence without sufficient opportunity for cross-examination
- Application of section 292C of the Income-tax Act

Analysis:
1. The case involved an appeal by the Revenue against the order of the Ld.CIT(A)-37, Mumbai for the Assessment Year 2008-09, concerning the addition of unexplained expenditure based on loose sheets seized during search and seizure operations. The Revenue contended that the Ld.CIT(A) erred in deleting the addition without appreciating the contents of the seized documents and the statement of Shri Ashok Kumar Dokania regarding cash payments made to staff in the financial year 2007-08.

2. The assessee, a closely held limited company engaged in manufacturing and trading, underwent search and seizure proceedings under section 132 of the Income-tax Act. Loose papers seized from the residence of Shri Ashok Kumar Dokania were used by the Assessing Officer (AO) to make an addition of &8377;38,25,000 as unexplained expenditure on cash payments to staff in the financial year 2007-08. However, the Ld.CIT(A) deleted the addition, considering the seized documents as pertaining to the financial year 2008-09, and highlighting discrepancies in the AO's assessment order.

3. The Tribunal noted that the loose sheet in question did not bear a date, financial year, or signatures, and the names written were incomplete and unclear. The AO's reliance on Shri Ashok Kumar Dokania's statement during search proceedings was crucial in making the addition. However, the Ld.CIT(A) pointed out discrepancies in the AO's assessment, including incorrect figures and lack of reasons for deviating from Shri Ashok Kumar Dokania's explanations.

4. The Ld.CIT(A) emphasized that the AO cannot selectively rely on statements without providing cogent reasons for discrepancies in the assessment. Moreover, the AO's failure to allow sufficient opportunity for cross-examination and issue a show cause notice before making substantial additions based on third-party evidence was highlighted. The absence of section 292C applicability due to the loose sheet not being found in the assessee's premises further supported the deletion of the addition.

5. Ultimately, the Tribunal upheld the Ld.CIT(A)'s decision to delete the addition, emphasizing the importance of considering all relevant facts and materials. The appeal filed by the Revenue was dismissed, affirming the Ld.CIT(A)'s order in favor of the assessee.

This detailed analysis of the judgment highlights the key issues, arguments, and reasoning involved in the decision, providing a comprehensive overview of the legal proceedings and outcomes.