2016 (6) TMI 652 - HC - Income Tax

Accrual of interest - interest income in the hands of the assessee for allegedly having made advances - Held that - As decided in assessee s own case the entire issue is based on appreciation of evidence on record. On the basis of the available material, the Tribunal found no justification for sustaining the addition. In fact, there was no reliable material for making the additions. Issue being predominantly in the realm of appreciation of evidence, no interference is called for.

Summary

Issues:
- Charging interest income in the hands of the assessee for allegedly making advances without reflecting interest in the accounts.

Analysis:
The High Court of Gujarat considered three appeals involving the same assessee for different assessment years, all revolving around the issue of charging interest income in the hands of the assessee for making advances without reflecting interest in the accounts. The Revenue challenged the deletion of an addition made by the Assessing Officer on account of interest income on alleged advances. The Assessing Officer had calculated the rate of return at compounded 18% based on seized documents during a search. However, the Tribunal, in its judgment, observed that the seized papers only contained amounts and dates without clear evidence of interest earned by the assessee. The Tribunal noted that the assessee's explanation, supported by the fact that the papers were not in their handwriting or that of any family members, was not adequately verified by the Revenue. The Tribunal emphasized that the burden of proof lay with the Revenue to establish a direct link between the seized papers and the assessee, which was not done conclusively. Therefore, the Tribunal gave the benefit of doubt to the assessee and deleted the addition, citing insufficient and incomplete evidence presented by the Revenue.

The High Court, upon reviewing the Tribunal's findings and conclusions, concluded that the issue primarily hinged on the assessment of evidence on record. As there was no reliable material to support the addition of interest income, the Court upheld the Tribunal's decision, stating that no interference was warranted. The Court emphasized that the issue was centered on the evaluation of evidence, and since the Tribunal found no justification for the addition based on the available material, no question of law arose. Consequently, all three Tax Appeals were dismissed, affirming the Tribunal's decision to delete the interest income addition in the absence of concrete evidence linking the assessee to the alleged advances.