2013 (11) TMI 1751 - AT - Income Tax

Summary

Issues Involved:

1. Addition of Rs. 2.42 crores by AO and enhancement to Rs. 3.00 crores by CIT(A) as unexplained investment.
2. Confirmation of addition by CIT(A) and enhancement of the addition.
3. Levy of interest u/s 234A, 234B, and 234C of the IT Act.

Summary:

Issue 1: Addition of Rs. 2.42 crores by AO and enhancement to Rs. 3.00 crores by CIT(A) as unexplained investment

The Assessee, a partner in M/s SVK Sri Sitharamanjaneya Constructions (SVK SSC) and M/s SVK Projects, was subjected to a search and seizure operation u/s 132(1) of the IT Act. During the proceedings, it was found that the Assessee had invested Rs. 3,58,90,000 on behalf of M/s SVK. The AO added Rs. 2.42 crores as unexplained investment u/s 69 of the IT Act, citing lack of documentary evidence for the cash advances claimed by the Assessee. The CIT(A) enhanced this addition to Rs. 3.00 crores, stating that the Assessee failed to explain the source of the cash investment made on 30.12.2006.

Issue 2: Confirmation of addition by CIT(A) and enhancement of the addition

The CIT(A) rejected the Assessee's explanation and enhanced the addition made by the AO. The CIT(A) noted that the Assessee admitted to the cash investment of Rs. 3,00,00,000 and failed to provide credible evidence for the source of this investment. The CIT(A) also alleged that the Assessee fabricated the kutcha cash book to explain the investment.

Issue 3: Levy of interest u/s 234A, 234B, and 234C of the IT Act

The CIT(A) confirmed the levy of interest u/s 234A, 234B, and 234C of the IT Act.

Judgment:

The Tribunal found that the AO and CIT(A) wrongly considered the entire investment as unexplained in the hands of the Assessee. It was established that M/s SVK Projects existed prior to the search and had received funds from various parties, which were then invested in M/s SVK SSC. The Tribunal noted that the ledger account pertained to M/s SVK Projects and not the Assessee individually. The Tribunal deleted the addition of Rs. 2.42 crores and the enhancement of Rs. 58,00,000 by the CIT(A), stating that the amounts should not be added in the hands of the Assessee. The appeal of the Assessee was allowed, and the additions made by the AO and CIT(A) were deleted. The Tribunal also observed that if there were any doubts about the sources, the revenue could inquire into M/s SVK Projects, but this was not a direction. The appeal was pronounced in the open court on 29th November 2013.