2007 (5) TMI 165 - HC - Income Tax

Search and seizure - During search operation cash vouchers were found from the assessee premises - Assessee provided explanation in respect to the cash vouchers and tribunal satisfied with the explanation and allowed appeal in favour of assessee

Summary

Issues:
1. Interpretation of evidence seized during a search operation under section 132 of the Income-tax Act, 1961.
2. Determination of the nature and utilization of cash vouchers seized during the search operation.
3. Assessment of the explanation provided by the assessee regarding the utilization of funds in the construction of a farm house.
4. Examination of discrepancies, if any, in the accounts maintained by the relevant companies and the day book seized during the search operation.
5. Evaluation of the Tribunal's decision based on the evidence and accounts presented.

Analysis:
The judgment concerns an appeal by the Revenue against an order of the Income-tax Appellate Tribunal related to a search operation conducted at the premises of the assessee. During the search, cash vouchers indicating expenses for constructing a farm house were seized. The total expenditure on the farm house construction was detailed, with a portion being booked in the accounts and the remaining amount subject to dispute. The assessee surrendered a portion of the balance amount, attributing the rest to a reserve fund of a company.

The Tribunal observed that the day book seized during the search displayed two distinct balances, one for cash in safe and the other for the reserve fund. The accounts in the day book aligned with those of relevant companies, showing no discrepancies. The Tribunal accepted the explanation that the reserve fund amount was used in the farm house construction, supported by physical cash found at the premises. Consequently, the Tribunal concluded that the assessee adequately accounted for the available cash and its utilization in investments and physical form.

Upon review, the High Court found no substantial question of law arising from the case. The decision was based on the credibility of the accounts maintained by the companies and the day book seized during the search, along with the absence of discrepancies. The Court upheld the Tribunal's decision, emphasizing the reliance on factual evidence and the absence of legal ambiguities. As a result, the appeal by the Revenue was dismissed, affirming the Tribunal's findings and the explanation provided by the assessee regarding the source and utilization of funds in the farm house construction.