2015 (1) TMI 433 - HC - Income Tax

Block Assessment - Addition on account of payment made for for purchasing of a plot - Held that - plea of the appellant was that the amount was held by the company and that it was paid to the owner of the land. The transaction did not fructify and it was paid back to the company. Neither the person, who is said to have received the amount nor any other individual, were examined to prove that the payment was by; or, for and on behalf of the appellant herein. The plea of the appellant was that the department did not cross-verify the matter from any authorized representative of the company. Therefore, whether one goes by the factum of the Department itself treating the only documents, namely, receipts as not true; or their failure to record the statements of any individual including the authorized representative of the company, the very basis for the proceedings ceases to exist. - Assessing Officer as well as the Tribunal proceeded on the assumption that the appellant was under obligation to explain the factum of payment. When the amount was not recovered nor was said to be in the control and custody of the appellant, there was no basis for initiating that proceedings. - Decided in favour of assessee.

Issues:
1. Validity of recording statement under Section 132 of the Income Tax Act.
2. Treatment of receipts as documents under Section 132.
3. Consideration of company funds in Block Assessment.
4. Burden of proof on the appellant.
5. Examination of individuals related to the transaction.
6. Obligation to explain the source of payment.
7. Basis for initiating Block Assessment.

Analysis:
1. The appeal challenged the order of the Income Tax Appellate Tribunal regarding a search conducted under Section 132 of the Income Tax Act. The appellant contested the validity of recording his statement during the search, arguing that no incriminating evidence was found. The court emphasized the meticulous adherence to procedures under Section 132, requiring possession of relevant items for statement recording.

2. The case revolved around receipts discovered during the search, indicating a payment and refund of a significant amount. The court highlighted the importance of treating such documents as true under Section 132(4A)(ii) of the Act. The appellant's argument questioned the authenticity of these receipts, challenging the basis for Block Assessment proceedings.

3. A crucial aspect was the consideration of funds from a company owned by the appellant in the transaction under scrutiny. The appellant asserted that the amount in question originated from the company's resources, which were not verified by the authorities. This raised doubts about the justification for including the amount in the Block Assessment.

4. The burden of proof was a key issue, with the Assessing Officer and Tribunal expecting the appellant to explain the payment despite no physical recovery of the amount. The court noted the lack of basis for initiating proceedings when the funds were neither found in the appellant's possession nor adequately linked to him.

5. The absence of examination of individuals involved in the transaction, particularly the recipient of the payment, was highlighted. The appellant argued that the department failed to verify the transaction with any authorized representative of the company, casting doubt on the proceedings' foundation.

6. The appellant's obligation to explain the source of payment came into question, especially when the funds were allegedly part of the company's resources. The court considered the lack of evidence linking the payment to the appellant directly, further weakening the case for Block Assessment.

7. Ultimately, the court allowed the appeal, setting aside the Block Assessment order adding the disputed amount to the appellant's income. The decision was based on the lack of substantial evidence linking the appellant to the payment, highlighting the failure to establish a valid basis for the assessment.

Conclusion:
The judgment delved into the procedural and evidentiary aspects of the case, emphasizing the importance of adhering to legal requirements in conducting searches and recording statements under the Income Tax Act. The court's decision to overturn the Block Assessment order stemmed from the lack of concrete evidence linking the appellant to the disputed transaction, underscoring the necessity for a robust factual basis in tax assessments.

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