2013 (1) TMI 985 - AT - Income Tax

Summary

Issues involved: Appeal against order passed by CIT(Appeals) for assessment years 2002-03 to 2005-06, related to unexplained investment in immovable properties and construction of property at Katpadi, Vellore u/s 132 of the Income Tax Act, 1961.

Summary:

1. Background: A search and seizure operation revealed unexplained investment in properties and construction expenditure. Notice u/s 153A was issued, and assessments for 2002-03 to 2005-06 were completed. Discrepancies in cost of construction were noted.

2. Assessing Officer's Actions: Assessee offered income towards construction shortfall, but Assessing Officer referred the matter to DVO for estimation. DVO estimated construction cost higher than admitted by assessee. Assessing Officer adopted DVO's estimation for assessment.

3. CIT(Appeals) Decision: Assessee raised objections regarding DVO's estimation based on CPWD rates. CIT(Appeals) allowed deductions for adjustment to State PWD rates and self-supervision, reducing estimated construction cost.

4. Revenue's Appeal: Revenue challenged CIT(Appeals) decision, arguing against deductions granted and architectural features. Assessee supported CIT(Appeals) decision.

5. Tribunal's Decision: Tribunal found CIT(Appeals) deductions reasonable and justified. Revenue's appeal grounds dismissed.

6. Interest under section 234D: Issue arose regarding applicability of interest for assessment year 2003-04 u/s 234D. Tribunal reversed CIT(Appeals) decision based on High Court ruling, holding assessee liable for interest from the date of amended provision.

7. Final Verdict: Revenue's appeals for assessment years 2002-03 to 2005-06 dismissed, while appeal for 2003-04 partly allowed.

Conclusion: Tribunal upheld CIT(Appeals) decision on construction cost deductions but reversed CIT(Appeals) ruling on interest under section 234D based on High Court precedent.