2018 (11) TMI 478 - AT - Income Tax

Reopening of assessment - addition u/s 69 - Held that - The basis for relief in all the decisions is the finding of Hon ble High Court which is on the basis of certain facts as correct as stated by Shri Chetan Gupta in his statement dated 26.03.2009 before the Assessing Officer wherein he declined any association with the Pendrive and also denied the fact that he was managing the funds of 148 odd people. It was primarily for this reason that the Hon ble High Court granted relief. There is no evidence or material to support the addition made by the Assessing Officer, the addition made does not sustain. Therefore, issue relating to addition made u/s 69 of the Act on the basis of an alleged pen drive of Shri Chetan Gupta does not survive and the order of the CIT(A) is set aside. Inclusion of ALV of Bharatpur Project - Assessing Officer treated the Bharatpur property as self acquired property and computed the ALV of the Delhi property and brought to tax a sum of ₹ 7,44,055/-. - Held that - The property at Bharatpur is in dilapidated condition, as such, same is incapable for let out and hence the ALV of such property cannot be brought to tax. But after going through the decision the ratio as appears in the decision of the Hon ble High Court is on different issue and will not be applicable in the present case. Even the dilapidated property as its ALV and thus, the contentions of the Ld. AR does not sustain as the property always has the value. Therefore, Ground No. 6 to 6.1 are dismissed.

2021 (11) TMI 308 - AT

Issues Involved:
1. Validity of reassessment proceedings under Section 147 of the Income Tax Act, 1961.
2. Addition of unexplained investments under Section 69 of the Income Tax Act.
3. Burden of proof regarding unexplained investments.
4. Relevance of evidence and material used for reassessment.
5. Disallowance of standard deduction under Section 16(1) of the Income Tax Act.
6. Assessment of Annual Lettable Value (ALV) of property.

Detailed Analysis:

1. Validity of Reassessment Proceedings under Section 147:
The Tribunal examined whether the reassessment proceedings initiated under Section 147 were valid. It was contended that the Assessing Officer (AO) initiated proceedings based on mere information without any tangible material. The AO relied on information received from the ADIT (Investigation) regarding a pen drive recovered during a search operation, which allegedly contained details of investments made by the assessee. However, the Tribunal found that the AO did not have any concrete evidence or material to support his reasons to believe that income had escaped assessment. The Tribunal emphasized that the reasons to believe must be based on tangible material, and mere information or allegations were insufficient. Consequently, the Tribunal held that the reassessment proceedings were invalid as they were initiated without satisfying the preconditions of Section 147.

2. Addition of Unexplained Investments under Section 69:
The Tribunal addressed the addition of unexplained investments made by the AO based on entries in the pen drive allegedly recovered from Shri Chetan Gupta. The AO had added various sums to the assessee's income, assuming that the entries in the pen drive represented investments made by the assessee. The Tribunal noted that the pen drive's contents were not corroborated by any concrete evidence, and even Shri Chetan Gupta had denied the possession of such a pen drive. The Tribunal referred to similar cases involving the assessee's family members where additions based on the same pen drive were deleted by the CIT(A) and upheld by the Tribunal. The Tribunal concluded that there was no valid material to support the additions and held that the additions made under Section 69 were unsustainable.

3. Burden of Proof Regarding Unexplained Investments:
The Tribunal emphasized that the burden of proof lies on the revenue to establish that the assessee made the alleged investments. The Tribunal cited various judicial pronouncements to support the principle that the revenue must provide positive evidence to substantiate the claim of unexplained investments. In the present case, the Tribunal found that the revenue failed to discharge this burden, as there was no evidence to prove that the assessee made the investments reflected in the pen drive. The Tribunal reiterated that assumptions and presumptions could not form the basis for additions under Section 69.

4. Relevance of Evidence and Material Used for Reassessment:
The Tribunal scrutinized the evidence and material used by the AO for reassessment. It was observed that the AO relied solely on the information received from the ADIT (Investigation) and did not conduct any independent inquiry or verification. The Tribunal noted that the alleged pen drive and its contents were not provided to the assessee, and there was no corroborative evidence to support the AO's findings. The Tribunal highlighted that the reassessment should be based on concrete evidence and not on unverified information. Consequently, the Tribunal held that the reassessment proceedings were invalid due to the lack of relevant evidence.

5. Disallowance of Standard Deduction under Section 16(1):
In the case of ITA No. 3037/Del/2015 for A.Y. 2005-06, the issue of disallowance of standard deduction under Section 16(1) was raised. The assessee had claimed a deduction from the remuneration received as a member of the legislative assembly. The Tribunal held that the remuneration received by the assessee as a member of the legislative assembly did not qualify for standard deduction under Section 16(1) as there was no employer-employee relationship. Therefore, the Tribunal upheld the disallowance of the standard deduction.

6. Assessment of Annual Lettable Value (ALV) of Property:
In the case of ITA No. 3039/Del/2015 for A.Y. 2007-08, the issue of assessing the ALV of a property in Bharatpur was addressed. The assessee contended that the property was in a dilapidated condition and not habitable, and thus, the ALV should be NIL. The AO had treated the property as self-acquired and computed the ALV. The Tribunal held that even a dilapidated property has an inherent value and cannot have a NIL ALV. Therefore, the Tribunal upheld the AO's assessment of the ALV of the Bharatpur property.

Conclusion:
The Tribunal allowed the appeals for A.Y. 2001-02, 2005-06, 2006-07, and 2007-08 to the extent of invalidating the reassessment proceedings and deleting the additions made under Section 69 based on the alleged pen drive. The disallowance of standard deduction under Section 16(1) and the assessment of ALV of the Bharatpur property were upheld. The Tribunal emphasized the need for tangible material and concrete evidence for reassessment and additions under the Income Tax Act.

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