2017 (12) TMI 1115 - AT - Income Tax

Gross commission received - Credits found in the SBI bank account - Held that - Both the assessee as well as his wife had duly credited the gross commission received in the sums of ₹ 8,74,922/- and ₹ 12,19,911/- in their respective income and expenditure account and this figure duly matches with the TDS certificate issued by GTFS to each of them. Hence there cannot be any addition that could be made based on credits found in the SBI bank account when the ld AO himself accepts the fact that the said credits represents only commission income derived by the assessee . Moreover, we find that the assessee himself had already credited the sum of ₹ 8,74,922/- as gross commission received, out of which major portion is included in the total credits sum of ₹ 12,63,839/-. We find that these facts were not examined by the ld AO. Hence we deem it fit and appropriate to set aside these issues to the file of the ld AO for denovo adjudication and frame the assessment afresh in accordance with law. Appeal of the assessee is allowed for statistical purposes.

Issues:
1. Undisclosed income addition unjustified
2. Joint account with wife - entire amount not solely of appellant
3. Source of add-back amount from past savings
4. Estimated addition unjust and illegal
5. Allowability of expenses disallowed

Issue 1: Undisclosed income addition unjustified
The appeal arose from an order of the Learned CIT(A)- Burdwan against the assessment framed for the Asst Year 2007-08 under the Income Tax Act, 1961. The assessee contested the addition of Rs. 12,63,838 as undisclosed income, arguing that deposits and withdrawals in the SBI account were not solely his, as it was a joint account with his wife, who also received commission income from GTFS. The assessee claimed the source of the amount was past savings from their commission income. The Assessing Officer (AO) linked the credits in the SBI account to undisclosed income, disregarding the wife's involvement and the assessee's disclosure of commission income. The Tribunal found discrepancies in the AO's approach and remanded the issue for fresh assessment, emphasizing the need for a fair opportunity for the assessee to present evidence.

Issue 2: Joint account with wife - entire amount not solely of appellant
The Tribunal observed that the SBI account was joint, allowing deposits from both the assessee and his wife, who also received commission income from GTFS. The Tribunal noted that cheques from GTFS for both the assessee and his wife were deposited in the joint account, reflecting a proper correlation between the credits and the commission income disclosed by both parties. The Tribunal found that the credits in the SBI account were commission income, already disclosed by the assessee and his wife, and directed a fresh assessment by the AO considering all relevant facts and evidence.

Issue 3: Source of add-back amount from past savings
The assessee contended that the add-back amount was sourced from past savings accumulated from commission income. However, the AO disregarded this argument and treated the entire sum as undisclosed income. The Tribunal recognized the need for a thorough examination of the source of funds and directed the AO to reconsider this aspect in the fresh assessment.

Issue 4: Estimated addition unjust and illegal
The AO disallowed expenses claimed by the assessee, estimating them at 50% of gross commission received, based on certain circulars. The Tribunal found this estimation unjustified and instructed the AO to reassess the expenses after determining the final figure of gross commission. The Tribunal emphasized the assessee's right to provide additional evidence to support the expense claims during the fresh assessment.

Issue 5: Allowability of expenses disallowed
The Tribunal allowed the appeal for statistical purposes, remanding the case to the AO for a fresh assessment considering all relevant evidence and providing the assessee with a fair opportunity to present their case. The Tribunal highlighted the discrepancies in the AO's approach and emphasized the importance of a thorough and fair assessment process in tax matters.

This detailed analysis of the judgment highlights the key issues raised by the assessee and the Tribunal's findings, emphasizing the need for a fair and thorough assessment process in tax matters.

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