2021 (4) TMI 1343 - AT - Income Tax

Unexplained jewellery found during course of search at the premises of the assessee - HELD THAT - Having heard the parties, we deem it proper in the interest of principles of natural justice to afford an opportunity to the assessee to place the relevant evidences that were not available with him at the time of assessment proceedings for verification - AO would also consider the claim of the assessee taking into account the CBDT Circular. We, therefore, set aside the findings of authorities below and restore the issue to file of Assessing Officer for decision afresh. Ground Nos. 1 2 are allowed for statistical purposes only. Unexplained cash added u/s 69A - HELD THAT - We find that there is withdrawal from the bank accounts of the assessee as well as other family members as reflected in their respective bank statements. Considering the same, the finding of the orders of the authorities below are set aside and the issues are restored back to the Assessing Officer to verify the availability of funds at the time of search. If the Assessing Officer finds that the withdrawal was made prior to the search and the amount withdrawn was not utilized for any other purpose, he would delete the addition.

Summary

Issues Involved:
1. Addition of Rs.56,55,380 on account of unexplained jewellery found during search.
2. Addition of Rs.3,50,000 under section 69A of the Income Tax Act, 1961 on account of cash found during search.

Analysis:

Issue 1: Addition of Rs.56,55,380 on account of unexplained jewellery found during search:
The assessee contested the addition of Rs.56,55,380 made by the Assessing Officer regarding unexplained jewellery found during the search. The counsel for the assessee argued that the authorities failed to consider the facts properly and highlighted that the family structure and certain evidences were not adequately considered. It was requested to refer the matter back to the Assessing Officer for reevaluation based on additional documents and compliance with CBDT Circular. The Departmental Representative did not object to this request. The Tribunal, after hearing both sides, decided to set aside the findings of the lower authorities and remand the issue to the Assessing Officer for fresh consideration. Grounds 1 & 2 were allowed for statistical purposes only.

Issue 2: Addition of Rs.3,50,000 under section 69A of the Income Tax Act, 1961 on account of cash found during search:
The second issue pertained to the addition of Rs.3,50,000 under section 69A of the Act concerning unexplained cash found during the search. The counsel for the assessee contended that the cash was withdrawn from the bank account of the assessee and family members, providing a legitimate source for the cash found. The Senior Departmental Representative opposed this argument. Upon review, the Tribunal noted the withdrawals from bank accounts of the assessee and family members, directing the Assessing Officer to verify the availability of funds at the time of search. If the withdrawal was before the search and not used for other purposes, the addition should be deleted. Ground 3 of the assessee's appeal was allowed based on the above terms.

General Note:
The fourth ground raised by the assessee was of a general nature and did not require adjudication. Consequently, the appeal of the assessee was allowed for statistical purposes as per the terms indicated in the detailed analysis for each issue.