2012 (12) TMI 1187 - AT - Income Tax

Summary

Issues Involved:
1. Validity of proceedings initiated u/s 153C.
2. Admission of additional evidence by CIT(A) under Rule 46A.
3. Treatment of alleged gift of shares as undisclosed income.

Summary:

1. Validity of proceedings initiated u/s 153C:
The assessee contended that the proceedings u/s 153C were not warranted as the seized certificate from Vijaya Bank was not incriminating. However, the CIT(A) had already decided this issue against the assessee for A.Y. 2001-02, and the assessee did not appeal further. The Tribunal agreed with the CIT(A)'s findings that the proceedings were validly initiated based on seized material and the AO's recorded satisfaction.

2. Admission of additional evidence by CIT(A) under Rule 46A:
The AO objected to the admission of additional evidence, arguing it was not presented during the assessment proceedings. The CIT(A) admitted the additional evidence, citing the short span of 11 working days provided by the AO for compliance. The Tribunal referred to the Delhi High Court's decision in CIT vs. Manish Build Well P. Ltd., emphasizing that Rule 46A's procedural requirements must be strictly followed. The Tribunal found that the CIT(A) did not provide the AO with a reasonable opportunity to examine the additional evidence and thus restored the matter to the AO for a fresh examination.

3. Treatment of alleged gift of shares as undisclosed income:
The AO treated the gift of 23 lakh shares valued at Rs. 2,82,61,091/- as bogus and considered it as the assessee's undisclosed income. The assessee provided various documents, including a gift deed, affidavit from the donor, and demat account statements, to support the genuineness of the gift. The CIT(A) admitted these documents as additional evidence and allowed the assessee's appeal. The Tribunal, however, restored the matter to the AO to re-examine the additional evidence and decide the issue afresh.

Conclusion:
The Tribunal allowed the department's appeal for statistical purposes, directing the AO to re-examine the additional evidence provided by the assessee and decide the issue in accordance with the law after providing due opportunity to the assessee.