2019 (4) TMI 1792 - HC - Income Tax

Addition u/s 69C - Tribunal deleted the addition inter alia on the grounds that the Assessing Officer relied only on the material collected by the Sales Tax Department - HELD THAT - No independent evidence that the assessee s suppliers were not genuine. The assessee had also pointed out that the payments were made through cheque and further the department has accepted the sales out of the purchases made by the assessee. On such grounds CIT (Appeals) and Tribunal were of the opinion that the Assessing Officer was not justified in invoking section 69C. We do not find any error in view of the Tribunal. Findings of the facts are concurrent. Entire issue is based on appreciation of evidence on record.

Summary

Issues: Challenge to deletion of addition made under section 69C of the Income Tax Act, 1961 by the Income Tax Appellate Tribunal.

Analysis:

Issue 1: The primary issue in this case revolves around the additions made by the Assessing Officer under section 69C of the Income Tax Act, 1961. The CIT (Appeals) and the Tribunal decided to delete the addition, citing reasons such as the Assessing Officer relying solely on material from the Sales Tax Department, not providing an opportunity for cross-examination of witnesses, and lacking independent evidence to prove the genuineness of the assessee's suppliers. The Tribunal found that the payments were made through cheques, and the department had accepted the sales related to the purchases made by the assessee. Consequently, the CIT (Appeals) and Tribunal concluded that the Assessing Officer was unjustified in invoking section 69C of the Act due to these reasons.

Issue 2: The High Court, upon review, found no error in the Tribunal's decision. The Court noted that the findings of fact were concurrent, and the entire issue hinged on the evaluation of the evidence on record. No perversity in the Tribunal's findings was identified, leading to the conclusion that no question of law arose from the case. As a result, the Court dismissed the appeal filed by the revenue challenging the deletion of the addition made under section 69C of the Income Tax Act, 1961 by the Tribunal.

In summary, the High Court upheld the decision of the Tribunal to delete the addition made under section 69C, emphasizing the lack of justification for invoking the section based on the evidence presented. The Court's analysis centered on the sufficiency of evidence, the procedural fairness in the assessment process, and the acceptance of sales related to the purchases made by the assessee.