2008 (12) TMI 189 - HC - Income Tax

Notice u/s 148 - After assessment, the Assessing Officer received information from the Assistant Director of Income-tax (Investigation), vide letter dated February 11, 2004, that the assessee deposited a sum of Rs. 11,33,800 on September 24, 1997, in cash in his savings bank account. On receiving the said information, notice for reassessment under section 148 of the Act was given to the assessee, proposing to treat the amount of the said cash deposit in the bank as undisclosed income Held that - The assessee had put up the story - , the story put forth by the assessee remained unproved - assessee did not provide his address to the Assessing Officer nor was this person produced before the authorities Order of ITAT upheld confirming the orders of the authorities below upholding the addition of Rs. 11,33,800 as unexplained credit in the bank account of the assessee

Issues:
Appeal against order under Income-tax Act, 1961 for assessment year 1998-99 - Validity of initiation of proceedings under section 147, non-service of notice under section 148, addition of unexplained credit in bank account - Dismissal of legal issues by Income-tax Appellate Tribunal - Reassessment under section 148 based on cash deposit information - Disputed cash deposit in savings bank account - Rejection of explanations by taxing authorities - Failure to explain source of cash deposits - Examination of purchasers and marginal witnesses - Appreciation of evidence - No substantial question of law.

Analysis:

The appellant filed an appeal under section 260A of the Income-tax Act, 1961, challenging the order passed by the Income-tax Appellate Tribunal for the assessment year 1998-99. The appellant raised substantial questions of law regarding the validity of proceedings under section 147, non-service of notice under section 148, and the addition of unexplained credit in the bank account. However, during arguments, only specific questions related to these issues were pressed. The Tribunal dismissed various legal issues raised by the appellant, including the validity of initiation of proceedings under section 147 and the addition of Rs. 11,33,800 as unexplained credit in the bank account.

The Assessing Officer received information that the appellant deposited Rs. 11,33,800 in cash in his savings bank account. Subsequently, a notice for reassessment under section 148 was issued to treat this amount as undisclosed income. The reassessment was made, treating the cash deposit as undisclosed income, a decision upheld by the Commissioner of Income-tax (Appeals) and the Tribunal. The Tribunal found that the appellant failed to explain the source of the cash deposits, leading to the rejection of explanations provided. The taxing authorities concluded that the appellant's story regarding the cash deposit remained unproved, as key witnesses could not be traced or were not produced.

Regarding the examination of purchasers and marginal witnesses, the Tribunal noted that two purchasers deposed against the appellant, while the third purchaser could not be traced. The appellant did not provide the address of the third purchaser or produce him before the authorities. The Tribunal found that the purchasers were examined, and the appellant's objection to examining marginal witnesses was upheld. Consequently, the Tribunal rejected the appellant's arguments, stating that the issues raised were devoid of merit and decided against the appellant.

Upon hearing the appellant's counsel, the Court determined that the questions raised were purely factual and related to the appreciation of evidence. As no substantial question of law arose from the appeal, it was dismissed. The judgment highlights the importance of providing sufficient evidence and explanations in income tax proceedings to substantiate claims and avoid adverse conclusions by the taxing authorities.

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