2008 (7) TMI 357 - HC - Income Tax

Tribunal affirmed the finding of the Assessing Officer that the assessee had unaccounted income of Rs. 35 lakhs and the search and seizure operation conducted in the premises of the persons who are closely related to the assessee in the business revealed transaction reflecting the undisclosed income. No merit against the order of Tribunal. Appeal Dismissed

Summary

Issues:
Appeal against order of Income-tax Appellate Tribunal dismissing the appeal filed by the assessee. Question of law regarding addition of Rs. 35 lakhs based on retracted statement recorded under section 132(4).

Analysis:

1. The appeal was filed against the Income-tax Appellate Tribunal's order dismissing the assessee's appeal. The appellant argued that the Tribunal was not justified in confirming the Assessing Officer's action of adding Rs. 35 lakhs based on a retracted statement under section 132(4). The appellant relied on a circular issued by the Central Board of Direct Taxes dated March 10, 2003. The question of law raised was whether the Tribunal's decision was lawful in this context.

2. The High Court, after considering the arguments and the Tribunal's order, concluded that no substantial question of law arose for consideration. The circular from the Central Board of Direct Taxes emphasized the importance of focusing on collecting evidence of undisclosed income. The Court highlighted that the decision on such matters depends on the facts and evidence in each case. The Court noted that the Tribunal had affirmed the Assessing Officer's finding that the assessee had unaccounted income of Rs. 35 lakhs, based on the search and seizure operation revealing transactions reflecting undisclosed income related to closely associated persons. The Court emphasized that this was a factual matter and dismissed the appeal.

3. In summary, the High Court found no legal error in the Tribunal's decision to uphold the addition of Rs. 35 lakhs as unaccounted income. The Court emphasized the importance of factual evidence in such cases and concluded that the Tribunal's decision was justified based on the facts presented during the proceedings. The appeal was dismissed, affirming the Tribunal's decision.