2006 (10) TMI 144 - HC - Income Tax

Block period means the period of 10 years preceding the previous year in which the search was conducted. The previous year further includes the period in which the search was conducted up to the date of the commencement of search - in block assessment total undisclosed income relating to block period ending up to date of search to be charged to tax however in absence of evidence, undisclosed income is to be taken as shown in profit and loss account rather than as declared in return in respect of genuineness of a gift, amount credited as capital of firm and not having been received as gift, no enquiry conducted as to source of amount and how it had been credited amount can be added as unexplained investment

Issues:
1. Addition of undisclosed income against declared income.
2. Treatment of gifts received by minor sons.
3. Addition of undisclosed income received as a gift.
4. Addition of unexplained household expenses.
5. Treatment of unexplained cash found during search operations.

Issue 1: Addition of undisclosed income against declared income

The Tribunal upheld the addition of Rs. 53,609 as undisclosed income against the declared income of Rs. 16,000 for the assessment year 1996-97. The Tribunal considered the block period relevant to 10 assessment years preceding the search date of November 23, 1995. The Tribunal concluded that the Assessing Officer was justified in taking the undisclosed income at Rs. 53,609 instead of Rs. 16,000, as disclosed by the assessee. The Tribunal relied on judgments from the Gujarat and Kerala High Courts. The Bombay High Court judgment cited by the assessee was deemed inapplicable as the undisclosed income was not disclosed in the returns, unlike in the present case. No contrary assessment had occurred in regular proceedings, allowing the consideration of the undisclosed income. The High Court endorsed the Tribunal's findings, stating it was not a substantial question of law.

Issue 2: Treatment of gifts received by minor sons

The Tribunal found that the amounts of gifts received by the minor sons, duly accounted for in the books, could still be undisclosed income under section 158B(b). The Tribunal differentiated this case from previous judgments involving ownership disputes and interchargeability of sections. The Assessing Officer rightly added the gift amount under section 69 as it was not properly explained in the account books. The High Court concurred with the Tribunal's findings, stating no substantial question of law arose.

Issue 3: Addition of undisclosed income received as a gift

The Tribunal upheld the addition of Rs. 70,000 as undisclosed income received as a gift, despite being from a known source and recorded in the firm's account books. The Tribunal found that the amount was credited as capital in the firm's books, not as a gift, justifying the addition under section 69. The High Court agreed with the Tribunal's decision, stating that the addition could have been made under either section 68 or 69, based on the circumstances. No substantial question of law was found in this regard.

Issue 4: Addition of unexplained household expenses

The Tribunal upheld the addition of Rs. 2,00,000 as unexplained household expenses, even without concrete evidence. The High Court did not find this to be a substantial question of law and endorsed the Tribunal's decision on this issue.

Issue 5: Treatment of unexplained cash found during search operations

The Tribunal upheld the addition of Rs. 13,845 as unexplained cash found during search operations, despite the explanation provided by the appellant. The High Court concurred with the Tribunal's decision, stating it was not a substantial question of law. Ultimately, the High Court dismissed the appeal filed by the assessee based on the findings of the Tribunal on all issues.

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