2007 (7) TMI 267 - HC - Income Tax

Addition made on account of on money receipt - amount mentioned along with rates per sq.ft. of different floors on the loose papers is in respect of an estimate asking for the loan from the bank - No other evidence has been shown to justify that these amounts were received from purchasers it is not justified to conclude that assessee received on-money - CIT (Appeals) & ITAT were right in holding that on the basis of these loose papers, no addition can be made

Summary

Issues involved:
Whether addition on the basis of 'on money' receipt is justified.

Detailed Analysis:
1. The primary issue in this case revolves around the validity of the addition made on account of 'on money' receipt. The Tribunal considered the facts on record, including the seized diary with estimated figures for shops, to determine if the addition was warranted.

2. The Assessing Officer calculated the 'on-money' based on the difference in rates mentioned in the seized paper and the books of accounts. However, the Tribunal noted that the Revenue failed to provide corroborative evidence proving that such sales were made and 'on-money' was received by the assessee outside the books of account.

3. The Tribunal emphasized that the burden lies on the assessee to explain the nature of transactions recorded in seized material. In this case, the assessee maintained that the notings were rough estimates submitted to the bank for obtaining a loan, not actual sales transactions.

4. Referring to legal precedents, the Tribunal highlighted that the mere existence of entries in seized material is insufficient to prove that the assessee engaged in the alleged transactions. The Tribunal also noted that suspicion and assumptions without concrete evidence cannot justify additions.

5. Citing the case law, the Tribunal reiterated the importance of establishing the truth of recitals in documents to prevent tax evasion. In this case, the Tribunal found that the addition made by the Assessing Officer lacked substantiating evidence and was rightly deleted by the Commissioner of Income-tax (Appeals).

6. Ultimately, both the Commissioner of Income-tax (Appeals) and the Tribunal concluded that the amounts mentioned on loose papers were part of an estimate for a bank loan and not indicative of actual receipts from purchasers. As a result, the addition based on 'on money' receipt was deemed unjustified, leading to the dismissal of the Revenue's appeals.

This detailed analysis of the judgment provides a comprehensive understanding of the issues involved and the Tribunal's reasoning behind dismissing the appeals related to the addition on account of 'on money' receipt.