2016 (5) TMI 1591 - AT - Income Tax

Assessment proceedings u/s 143(3) r.w.s.143(2) - addition u/s 68 - Admission of additional evidences - HELD THAT -Voluminous documents as additional evidences have been placed by the assessee in the paper book filed before the Tribunal and a prayer has been made by the assessee that proper and adequate opportunity was not given by the authorities below before completing the assessment and during the first appellate proceedings as set out above and it was submitted before the Tribunal that these additional evidences be admitted under rule 29 of the Income-tax (Appellate Tribunal) Rules, 1963, in the interest of substantial justice as the assessee was not accorded adequate, sufficient and proper opportunity by the Assessing Officer to file these additional evidences and the Commissioner of Income- tax (Appeals) did not admit these additional evidences during the first appellate proceedings as set out above, the appeal be decided by the Tribunal on the merits after admitting and considering these additional evidences on the merits. Thus in the interest of substantial justice, these additional evidences needs to be admitted to advance substantial justice in accordance with rule 29 of the Income-tax (Appellate Tribunal) Rules, 1963, for the reasons and discussions as detailed above and the matter is set aside and restored to the file of the Assessing Officer for de novo determination of the matter on the merits after examination and verification of these aforestated additional evidences filed before the Tribunal - Appeal filled by assessee allowed for statistical purposes.

Summary

Issues Involved:

1. Rejection of additional evidence by CIT(A).
2. Non-compliance with Rule 46A conditions.
3. Mens rea and natural justice principles.
4. Treatment of additional evidence on merits.
5. Addition of ?1,44,000 as unexplained cash credit.
6. Addition of ?3,00,000 under Section 68 of the Income-tax Act.
7. Creditworthiness of the lender.
8. Misrepresentation of facts by the appellant.
9. Admission of additional evidence under Rule 29 of the Income-tax (Appellate Tribunal) Rules, 1963.

Issue-wise Detailed Analysis:

1. Rejection of Additional Evidence by CIT(A):
The appellant argued that the CIT(A) erred in rejecting the additional evidence submitted, which included customer lists for knitting and embroidery work and loan confirmations. The CIT(A) did not admit these under Rule 46A of the Income-tax Rules, 1962, deeming them as afterthoughts.

2. Non-compliance with Rule 46A Conditions:
The CIT(A) held that the appellant's case did not meet any conditions under Rule 46A, which governs the admission of additional evidence. The appellant contended that the AO did not provide sufficient opportunity to present these documents during the assessment proceedings.

3. Mens Rea and Natural Justice Principles:
The CIT(A) questioned the appellant's mens rea, noting that the income was not reflected in the initial return and no valid reason was provided for not submitting the evidence earlier. The appellant argued that the principles of natural justice were violated.

4. Treatment of Additional Evidence on Merits:
The CIT(A) dismissed the additional evidence concerning the knitting and embroidery income as fabricated and unsupported by third-party evidence. The appellant claimed these were genuine and should have been considered.

5. Addition of ?1,44,000 as Unexplained Cash Credit:
The AO observed cash deposits of ?1,44,000 in the appellant's bank account, which were explained as income from embroidery and knitting. However, no documentary evidence was provided, leading the AO to treat it as unexplained cash credit under Section 68.

6. Addition of ?3,00,000 under Section 68:
The AO noted an unsecured loan of ?3,00,000 from Mrs. Hansaben Khoshiya, which was not reflected in the previous year's balance sheet. The appellant failed to provide the lender's bank statement or prove her creditworthiness, resulting in the addition under Section 68.

7. Creditworthiness of the Lender:
The AO and CIT(A) both found that the appellant failed to prove the creditworthiness of Mrs. Hansaben Khoshiya, whose bank statement showed cash deposits before the loan disbursement.

8. Misrepresentation of Facts by the Appellant:
The CIT(A) upheld the AO's finding that the appellant misrepresented facts regarding the loan and did not provide correct evidence during the assessment proceedings.

9. Admission of Additional Evidence under Rule 29:
The Tribunal noted that the AO called for information at the end of the assessment period, giving the appellant insufficient time to respond. The Tribunal decided to admit the additional evidence under Rule 29 of the Income-tax (Appellate Tribunal) Rules, 1963, and remanded the case to the AO for de novo determination.

Conclusion:
The Tribunal allowed the appeal for statistical purposes, setting aside the orders of the CIT(A) and AO. The case was remanded to the AO to re-examine the additional evidence and decide the issues afresh, ensuring the principles of natural justice are followed.