2022 (11) TMI 1347 - AT - Income Tax

Assessment u/s 153A - estimating income from business @15% of the gross receipts income from insurance commission addition u/s 68 and interest income - assessee could not produce the books of account and furnish other details as called for by the Assessing Officer since the Directors were under custody and there was nobody available to produce the record/details before the Assessing Office - HELD THAT - As considering assessee submission that since the Directors are now free and the books of account are available with the assessee therefore given an opportunity the assessee is in a position to substantiate his case we deem it proper to restore the issue to the file of the Assessing Officer with a direction to adjudicate the issue afresh after giving due opportunity of being heard to the assessee and decide the issue as per fact and law. We hold and direct accordingly. The grounds raised by the assessee and the Revenue are accordingly allowed for statistical purposes.

Summary

Issues:
Appeals against separate orders of CIT (A) for respective A.Ys, Estimation of income, Addition u/s 68, Treatment of interest income, Assessment u/s 153A, Incriminating material, Reopening of assessment, Grounds raised by assessee and Revenue, Restoration of issues to Assessing Officer.

Estimation of Income:
The assessee, a real estate company, filed its original return of income for A.Y 2009-10 but faced a search operation u/s 132 in 2015. The Assessing Officer estimated income at Rs. 27,42,14,101/- based on various parameters. CIT (A) directed to estimate income @ 5% of gross receipts, sustained addition u/s 68, and treated interest income as business income. The Tribunal restored the issue to the Assessing Officer for fresh adjudication due to lack of opportunity for the assessee to substantiate its case during assessment proceedings.

Addition u/s 68:
The Assessing Officer made an addition u/s 68 in the absence of return filing by the assessee post-search operation. CIT (A) upheld the addition despite the assessee providing details of investor companies. The Tribunal acknowledged the need for the assessee to substantiate its case and directed the issue back to the Assessing Officer for a fair hearing and decision.

Treatment of Interest Income:
The Assessing Officer treated interest income as income from other sources, but CIT (A) directed to consider it as business income and estimate profit accordingly. The Tribunal emphasized the importance of giving the assessee a chance to present its case effectively and restore the issue to the Assessing Officer for a fresh decision.

Assessment u/s 153A:
The original assessment was completed u/s 143(3) before the search operation, and no incriminating material was found during the search. The Tribunal noted the lack of opportunity for the assessee to produce books of account post-search and directed the issue to be reconsidered by the Assessing Officer to ensure justice and adherence to legal procedures.

Incriminating Material and Reopening of Assessment:
The absence of incriminating material during the search raised questions about the validity of the assessment u/s 153A. The Tribunal highlighted the need for a fair opportunity for the assessee to present its case and directed a fresh adjudication by the Assessing Officer to address all aspects properly.

Grounds Raised by Assessee and Revenue:
Both the assessee and Revenue raised multiple grounds challenging the CIT (A)'s orders. The Tribunal considered these grounds and decided to restore the issues to the Assessing Officer for fresh adjudication, ensuring that all aspects are duly considered and the principles of natural justice are upheld.

Restoration of Issues to Assessing Officer:
Given the complexities and lack of adequate opportunity for the assessee to present its case effectively, the Tribunal decided to restore all issues to the Assessing Officer for fresh adjudication for all relevant years. This decision aimed to ensure a fair hearing, adherence to legal procedures, and proper consideration of all facts and laws involved.

This detailed analysis of the judgment highlights the key issues, decisions made by the authorities, grounds raised by the parties, and the Tribunal's directions for a fair and thorough reconsideration of the matters involved.