2012 (12) TMI 1165 - AT - Income Tax

Summary

Issues Involved:
1. Assessment of Income
2. Unexplained Cash Credit u/s 68
3. Validity of Assessment u/s 143(3)
4. Admission of Additional Evidence

Summary:

1. Assessment of Income:
The assessee contested the assessment of income at Rs. 3,34,64,070/- against the returned income of Rs. 12,51,010/-. The Tribunal found that the assessee provided a comprehensive explanation for the cash deposits, including the cash flow statement and bank accounts, which were not rebutted by the AO. The Tribunal concluded that the assessee successfully demonstrated the source of cash deposits, and therefore, the assessment was not justified.

2. Unexplained Cash Credit u/s 68:
The AO added Rs. 3,22,63,100/- as unexplained cash credit u/s 68, which included a cash advance of Rs. 15,11,000/- from Mr. Vinod Saraf. The Tribunal admitted additional evidence related to this transaction and remanded it to the AO for further examination. The Tribunal held that the assessee provided sufficient evidence to explain the cash deposits, including cash flow statements and bank transactions, and the AO failed to prove that the cash was used elsewhere. The Tribunal relied on various case laws to support the assessee's explanation and concluded that the addition u/s 68 was not sustainable.

3. Validity of Assessment u/s 143(3):
The assessee argued that the assessment u/s 143(3) was made without considering the facts and evidence. The Tribunal noted that the AO did not reject the books of account and failed to establish that the cash withdrawals were used for unaccounted purposes. The Tribunal found that the explanation provided by the assessee was plausible and the AO's reliance on surmises was not justified. The Tribunal held that the assessment was not valid as the AO did not properly consider the evidence provided by the assessee.

4. Admission of Additional Evidence:
The assessee filed additional evidence under Rule 29 of the Income Tax Rules, 1962, which included a confirmation from Mr. Vinod Saraf. The Tribunal admitted the additional evidence, considering its importance in establishing the source of cash deposits. The Tribunal remanded the additional evidence to the AO for examination, emphasizing the principles of natural justice. The Tribunal concluded that the additional evidence was crucial for deciding the issue of cash deposits and should be considered by the AO.

Decision:
The Tribunal allowed the appeal partly, directing the AO to reconsider the additional evidence and re-examine the cash deposits in light of the provided explanations and evidence. The Tribunal emphasized the need for the AO to establish any discrepancies or alternative uses of the withdrawn cash before making additions u/s 68.