2019 (2) TMI 1593 - HC - Income Tax

Unexplained income - search u/s 132 - addition based on document containing the details as seized during the course of search - presumptions envisaged in the provisions of Section 132(4A) as well as provision of Section 292C - HELD THAT - Mere letter from the bank would not established a relation between the payable amount and the assessee, particularly when the draft was in favour of a limited Company. As recorded, documents were not seized from the possession of the Assessee but during the raid from a third party. No question of law, therefore arises. Addition of unexplained expenditure - HELD THAT - Tribunal considered the material on record and reduced these additions made by the Assessing Officer under this head. The entire issue is factual. Revenue appeal dismissed.

Summary

Issues:
1. Whether the Tribunal was justified in deleting the addition of unexplained income in the name of a company.
2. Whether the Tribunal was justified in restricting the addition on account of unexplained expenditure in lifestyle-related expenses.

Analysis:

Issue 1:
The case involved the deletion of an addition of unexplained income in the name of a company, Pan Asian Distribution Ltd, during a search operation. The Tribunal confirmed the addition in relation to a bank draft in the name of the individual assessee but deleted the addition related to the company. The High Court noted that the search was not conducted at the assessee's premises but at a third party's residence where the bank drafts were found. The draft in question was in the name of the company, not the assessee. The Tribunal found no evidence linking the company to the assessee and rejected the Revenue's argument that the assessee was the beneficiary of the payment. The High Court agreed with the Tribunal's factual assessment, emphasizing that the mere existence of a letter from the bank did not establish a connection between the payable amount and the assessee, especially when the draft was in favor of a limited company. As the documents were seized from a third party during a raid, the High Court concluded that no legal question arose.

Issue 2:
The second issue involved the addition of the individual assessee's unexplained expenditure, specifically in lifestyle-related expenses. The Tribunal had reduced the additions made by the Assessing Officer under this head after considering the material on record. The High Court reiterated that the entire issue was factual in nature. Consequently, the High Court dismissed the appeal, upholding the Tribunal's decision on both issues.

In conclusion, the High Court upheld the Tribunal's decision to delete the addition of unexplained income in the name of the company and to restrict the addition related to the individual assessee's unexplained expenditure. The judgment emphasized the factual nature of the issues and the lack of evidence linking the assessee to the disputed transactions, leading to the dismissal of the appeal.