2016 (5) TMI 468 - AT - Income Tax

Addition of income on protective assessment - Held that - M/s Ajantha Trading Corporation being a limb of M/s Sony Fireworks Private Limited the income of M/s Ajantha Trading Corporation has t be assessed only in the hands of M/s Sony Fireworks Private Limited. In the absence of partnership deed before the authorities below this Tribunal is of the considered opinion that the income of M/s Ajantha Trading Corporation has rightly been assessed in the hands of M/s Sony Fireworks Private Limited. Since Shri P. Panjurajan claims that the income has to be assessed only in his hands and he has also filed revised return before the Assessing Officer now this Tribunal confirms the substantive addition made in the hands of M/s Sony Fireworks Private Limited therefore the protective assessment cannot stand in the eye of law.

Summary

Issues:
- Assessment of income in the hands of different entities
- Addition of unaccounted income
- Assessment based on partnership deed
- Deletion of additions by CIT(Appeals)

Analysis:
1. Assessment of income in the hands of different entities:
- The appeals of the Revenue involved two independent assessees arising from a search conducted by the Revenue. The search revealed incriminating materials related to M/s Ajantha Trading Corporation, a sister concern of M/s Sony Fireworks Private Limited. The Assessing Officer substantively assessed the income of M/s Ajantha Trading Corporation in the hands of M/s Sony Fireworks Private Limited and also protectively in the hands of a partner, Shri P. Panjurajan. The Tribunal upheld the assessment in the hands of M/s Sony Fireworks Private Limited, rejecting the contention that the income should be assessed solely in the hands of Shri P. Panjurajan.

2. Addition of unaccounted income:
- The Revenue's appeal for the assessment year 2005-06 involved an addition of income. The CIT(Appeals) had deleted a portion of the addition, considering advances from customers in previous years. The Tribunal, after examining the details, upheld the addition of unaccounted income, concluding that certain advances had not been properly explained or accounted for.

3. Assessment based on partnership deed:
- The absence of a partnership deed for M/s Ajantha Trading Corporation led to disputes regarding the assessment of income. The Tribunal emphasized that without the partnership deed, the income of M/s Ajantha Trading Corporation should be assessed in the hands of M/s Sony Fireworks Private Limited, as the two entities were closely related in terms of business transactions.

4. Deletion of additions by CIT(Appeals):
- The CIT(Appeals) had deleted certain additions based on considerations such as previous assessments and transfer of OD limits. However, the Tribunal, after reviewing the submissions, upheld the additions, emphasizing that the income of M/s Ajantha Trading Corporation should be assessed in the hands of M/s Sony Fireworks Private Limited, rather than individual partners like Shri P. Panjurajan.

In conclusion, the Tribunal confirmed the assessments made by the Revenue, rejecting the claims of the assessees and upholding the substantive assessments in the hands of M/s Sony Fireworks Private Limited. The absence of crucial documents like the partnership deed led to assessments being made based on the business relationships and transactions between the entities involved.