2012 (8) TMI 1173 - AT - Income Tax

Summary

Issues Involved:
1. Legality of proceedings initiated u/s 153C.
2. Validity of additions made based on documents impounded during the survey.
3. Determination of the profit element in unaccounted sale proceeds.

Summary:

1. Legality of Proceedings Initiated u/s 153C:

The assessee challenged the framing of assessment u/s 153C, arguing that no incriminating documents belonging to the assessee company were found during the search at the residence of its Director, Shri Ramesh Kumar Agrawal. The CIT(A) dismissed this contention, stating that documents pertaining to the assessee company were indeed found at the Director's residence and that these documents indicated that the assessee had not fully recorded the sale consideration in its books of accounts. The Tribunal upheld the CIT(A)'s view, noting that the documents found were sufficient to initiate proceedings u/s 153C, as the requirement is only for the seized documents to belong to the assessee, not necessarily to be incriminating.

2. Validity of Additions Based on Documents Impounded During the Survey:

The assessee contended that the additions made were based on documents impounded during the survey u/s 133A at the business premises, which were not incriminating. The CIT(A) and the Tribunal, however, found that the documents impounded from the business premises and those seized from the Director's residence indicated receipt of cash against the sale of plots, which was not recorded in the books of accounts. Thus, the additions were justified.

3. Determination of Profit Element in Unaccounted Sale Proceeds:

The Tribunal considered various judicial pronouncements, including those from the Hon'ble Gujarat High Court and the Hon'ble M.P. High Court, which held that only the profit element embedded in unaccounted sales can be brought to tax, not the entire sale proceeds. The Tribunal directed the Assessing Officer to take 25% of the sale proceeds received in cash as the assessee's income, rather than adding the entire amount of sale proceeds received in cash.

Conclusion:

The appeals of the assessee were allowed in part, with the Tribunal directing the Assessing Officer to add only the profit element (25%) of the unaccounted sale proceeds received in cash to the assessee's income.