2018 (1) TMI 538 - AT - Income Tax

Addition of purchase of housing in joint name as unexplained investment - using past savings - explanation of the taxpayer that half of the amount was paid by his wife - Held that - The explanation of the taxpayer that half of the amount was paid by his wife where she was an independent taxpayer in her own right deserves to be accepted and consequently the assessee in those peculiar facts and circumstances cannot be saddled with the addition of ₹ 7.50 which has been owned up by the wife; the property as per record is in the joint name of the husband and wife and the bank loan is also in their joint name. Accordingly the explanation that the wife contributed ₹ 7.50 Lacs from her past savings and her Stridhan is accepted. Qua the remaining amount of ₹ 7.50 lacs remand is directed and the issue is set aside back to the file of the Ld. CIT(A). The CIT(A) is directed to examine the taxpayer s claim in regard to the payment of ₹ 7.50 Lacs by the assessee which is stated to be from his past savings. Accordingly, the impugned order to this limited extent is set aside back to the file of the CIT(A) with the direction to pass a speaking order in accordance with law after considering the assessee s explanation to the extent of ₹ 7.50 Lacs as the explanation qua his wife for the remaining portion for the reasons given hereinabove is accepted. Appeal of the assessee is allowed for statistical purposes.

Issues:
1. Treatment of payment against purchase of housing as unexplained investment
2. Ignoring joint purchase of house and cash payments made by wife
3. Ignoring the financial status of the purchasers
4. Treatment of cash payments made by wife as made by the assessee
5. Request for relief from demand under section 69B
6. Initiation of penalty proceedings under section 271(1)(c)

Analysis:

1. The appellant challenged the correctness of the order by the CIT(A) regarding the treatment of a payment made against the purchase of housing as unexplained investment. The AO treated the full amount paid as unexplained, disregarding that the house was purchased jointly and that the wife of the assessee contributed to the payment. The AO failed to consider the financial status of the purchasers, leading to the addition of the amount to the assessee's income. The appellant requested relief from the demand under section 69B, and objected to the initiation of penalty proceedings under section 271(1)(c).

2. The appellant declared income from business activities without maintaining books of accounts. The AO questioned the investment of a significant amount in a house property. The appellant explained that the property was purchased jointly with his wife, who contributed to the payment from her own sources. However, the AO made an addition to the appellant's income, disregarding the explanation provided. The CIT(A) also rejected the appellant's submissions, leading to the appeal before the ITAT.

3. The ITAT considered the evidence presented by the appellant regarding the joint purchase of the property with his wife. The tribunal noted that the wife had been a taxpayer for several years and had savings from her income and Stridhan. The tribunal criticized the CIT(A) for not providing a valid reason for rejecting the explanation that the wife contributed to the payment. The tribunal emphasized the socio-economic realities of middle-class families and directed a re-examination of the appellant's claim regarding the payment made by his wife. The tribunal set aside the impugned order and remanded the issue back to the CIT(A) for a detailed review.

4. The tribunal concluded that the wife's contribution to the payment should be accepted, and the appellant should not be solely responsible for the amount paid by the wife. The tribunal directed the CIT(A) to pass a speaking order after considering the appellant's explanation regarding the payment made by the wife. The appeal of the assessee was allowed for statistical purposes, and the case was remanded for further review.

This detailed analysis highlights the issues raised by the appellant, the arguments presented, and the tribunal's decision based on the evidence and legal considerations.

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