2015 (8) TMI 757 - AT - Income Tax

Undisclosed investment - Held that - AO in the present proceedings had incorrectly proceeded to re-consider the issues which already stood concluded by the Co-ordinate Bench. It is trite law that in the remand proceedings, the AO cannot travel beyond the directions given in the remand. Accordingly on a consideration of the same, we are of the view that the following finding of the CIT(A on facts deserves to be upheld which warrants the dismissal of the appeal of the Revenue - With regard to the issue of addition made on account of investment made in FDR, since the Hon ble ITAT in para 5 of their order dated 06.06.2008 have clearly given a finding that the FDR s worth ₹ 2,10,818 the investment in which were made prior to the block period and FDR of ₹ 4,99,304 not in the appellant s name should be left out of the consideration of block assessment, the AO is therefore directed to scrupulously follow the direction of the Hon ble Tribunal. - Decided in favour of assessee.

Summary

Issues Involved:
1. Deletion of addition by the Assessing Officer (AO) regarding investment made out of undisclosed income.
2. Confirmation of addition by CIT(A) on investment in Philip Cooperative Housing Society (PGCHS) as undisclosed income.
3. Validity of the AO's jurisdiction in making additions post remand by the ITAT.
4. Consideration of fixed deposits (FDs) as undisclosed income.

Detailed Analysis:

Issue 1: Deletion of Addition by AO Regarding Investment Made Out of Undisclosed Income
The Revenue challenged the CIT(A)'s order deleting the addition made by the AO on the grounds of investment from undisclosed income. The appellant argued that the CIT(A)'s decision was erroneous both factually and legally. However, the ITAT found that the CIT(A) had correctly followed the directions from the earlier ITAT order dated 06.06.2008, which had already addressed these issues. The ITAT confirmed that the AO had misunderstood the remand directions, which were limited to a specific amount and not the entire issue.

Issue 2: Confirmation of Addition by CIT(A) on Investment in PGCHS as Undisclosed Income
The assessee contended that the CIT(A) erred in confirming the AO's addition regarding the investment in PGCHS as undisclosed income. The ITAT had previously ruled that such investments could not be considered undisclosed income. The ITAT reiterated that the investments were made from the assessee's bank account, where salary income was credited, and thus, could not be treated as undisclosed. The ITAT found that the CIT(A) did not correctly interpret the Tribunal's directions, leading to an erroneous confirmation of the addition.

Issue 3: Validity of the AO's Jurisdiction in Making Additions Post Remand by the ITAT
The ITAT found that the AO exceeded his jurisdiction by reconsidering issues already settled by the Tribunal in the earlier round. The remand was specifically for recomputation of undisclosed income based on the Tribunal's findings, not for a fresh assessment. The ITAT emphasized that in remand proceedings, the AO cannot go beyond the specific directions given. Therefore, the AO's actions were deemed incorrect, and the CIT(A)'s directions to follow the Tribunal's earlier order were upheld.

Issue 4: Consideration of Fixed Deposits (FDs) as Undisclosed Income
The ITAT addressed the AO's addition of various FDs as undisclosed income. The Tribunal had previously concluded that:
- FD of Rs. 2,00,952/- in the name of the assessee required explanation.
- FD of Rs. 2,10,818/- pertained to periods before the block period and thus could not be included in the block assessment.
- FD of Rs. 4,99,304/- in the names of others could not be taxed in the assessee's hands without evidence proving the funds belonged to the assessee.

The ITAT found that the AO had incorrectly included these amounts in the second round of assessment, despite clear directions from the Tribunal to exclude them. The CIT(A)'s decision to follow the Tribunal's earlier findings was upheld.

Conclusion:
The ITAT dismissed the Revenue's appeal and allowed the assessee's cross-objection. The ITAT confirmed that the AO had acted beyond his jurisdiction by reconsidering issues already settled by the Tribunal. The CIT(A)'s order was upheld for correctly following the Tribunal's directions, and the additions made by the AO were deemed invalid. The judgment emphasized the importance of adhering to specific remand directions and the proper interpretation of undisclosed income under the Income Tax Act.