2012 (5) TMI 857 - AT - Income Tax

Summary

Issues involved: Assessment u/s 147, validity of assessment order, unexplained credits u/s 68, interest u/s 234B and 234C.

Assessment u/s 147:
The appeal challenged the order of the Ld. Commissioner of Income Tax (Appeals) regarding the assessment u/s 147 for the assessment year 2001-02. The grounds raised questioned the validity of the assessment order passed by the Assessing Officer u/s 147 without serving notices u/s 148 and 143(2), obtaining valid approval, recording valid reasons, and complying with mandatory requirements. The appellant contended that the assessment order was unsustainable on legal and factual grounds, violating principles of natural justice.

Unexplained credits u/s 68:
The Assessing Officer noted large amounts credited to the assessee's bank account at Standard Chartered Bank, which remained unexplained despite efforts to clarify. The total amount of Rs. 2,63,00,000 was treated as unexplained income due to failure in establishing the identity, creditworthiness, and genuineness of the credits. The Ld. Commissioner of Income Tax (Appeals) upheld this decision, emphasizing the onus on the assessee to prove the legitimacy of the account and the lack of evidence to support the account being bogus.

Validity of assessment order:
The Ld. Commissioner of Income Tax (Appeals) confirmed the Assessing Officer's order regarding the unexplained credits. Despite the appellant's claim that the account was not opened by them, the bank's lack of response led the tribunal to remit the issue back to the Assessing Officer for reconsideration. The tribunal emphasized the need for the assessee to be given a fair opportunity to present their case.

Interest u/s 234B and 234C:
The appeal also contested the charging of interest u/s 234B and 234C by the Assessing Officer, which the Ld. Commissioner of Income Tax (Appeals) upheld. However, the tribunal allowed the appeal for statistical purposes, remitting the issue of unexplained credits back to the Assessing Officer for a fresh consideration with proper hearing opportunities for the assessee.