2016 (10) TMI 843 - AT - Income Tax

Unexplained investment - acceptance of revised return offering the total income - Survey operations - Held that - Even though statements were recorded from assessee enquiring about various investments, assessee has voluntarily offered higher income for AY. 2005-06 at ₹ 10,55,100/- and filing of revised income is within the time limits permitted. - AO directed to accept the total income for the impugned assessment year as declared in the revised return which should justify the higher income offered by assessee and also cover the investments made in various other assets, including money lending activity considered by AO. - Decided partly in favour of assessee

Summary

Issues:
- Validity of revised returns filed by the assessee.
- Addition of unexplained income and investments by the Assessing Officer.
- Disallowance of certain expenses and deemed rents.
- Determination of total income based on revised returns.

Analysis:

Issue 1: Validity of revised returns filed by the assessee
The assessee voluntarily filed revised returns within the time permitted under the Income Tax Act. The Assessing Officer (AO) initially treated the revised returns as 'invalid' due to lack of detailed statements, leading to subsequent refiling by the assessee. The validity of the revised returns was a key contention in the case.

Issue 2: Addition of unexplained income and investments
The AO made additions to the total income based on discrepancies found during survey operations and subsequent scrutiny. The additions included unexplained investments and income declared in revised returns. The Commissioner of Income Tax (Appeals) upheld these additions, emphasizing the need for explanations regarding the sources of additional income and investments.

Issue 3: Disallowance of certain expenses and deemed rents
In some cases, the AO disallowed specific expenses like salary paid to employees and interest on borrowed funds. Additionally, deemed rents were brought to tax. The Ld. CIT(A) confirmed these disallowances despite objections from the assessee, leading to further challenges in the appeals.

Issue 4: Determination of total income based on revised returns
The Tribunal considered the contentions of both parties regarding the validity of revised returns and the additions made by the AO. After detailed analysis, the Tribunal partially allowed the appeals by directing the AO to accept the total income as declared in the revised returns, considering the higher income offered by the assessee and covering various investments and activities. The Tribunal focused on reconciling the declared income with the additions to arrive at a final determination of total income for the respective assessment years.

In conclusion, the Tribunal's judgment addressed the validity of revised returns, additions of unexplained income and investments, disallowance of certain expenses, and the final determination of total income based on the revised returns. The decision provided clarity on the treatment of additional income and investments, emphasizing the need for proper explanations and supporting documentation in income tax proceedings.