2019 (3) TMI 1550 - HC - Income Tax

Undisclosed income - Involvement of the assessee in the textile scam - information gathered by another investigating agency and confirmed by the Special Court as sufficient basis for making addition under the Income Tax Act - acquittal of the accused persons in the Criminal Proceeding - Tribunal deleting the entire addition of undisclosed income in the assessee's hands on the ground that the same material was available even prior to the remand - finding of fact against the Assessee that 14 alleged bogus firms are belonging to the Assessee only and the transactions made in the name of said firms related to the Assessee with regard to sale of sarees and dhotis announced by the State Government in the year 1992 related to him and the alleged loss caused to the State Government in the said Scheme formed the income earned by the Assessee during the said block Assessment period HELD THAT - We are of the opinion that the Tribunal being a fact finding body has erred in dismissing the appeal without appreciating the facts in detail on its own and in rejecting the materials before it. The Tribunal also erred in only relying upon the earlier order passed by the Income Tax Appellate Tribunal by which the matter was remanded vide order 02.03.2000 and the Tribunal while passing the subsequent order impugned before us on 30.06.2006 has taken note of the earlier remand order but still not accepting the request of the Revenue to remand the present case also back to the Assessing Authority, in case the Tribunal felt that the findings by the Assessing Authority were not sufficient. As far as acquittal of the accused persons in the Criminal Proceeding is concerned, it cannot be said to be amounting to automatic deletion of income, added in the hands of the Assessee in the present case under the Income Tax Act. Two proceedings, one under the Income Tax and another in Criminal prosecution operate in different fields and there is no doubt that the material collected during the course of criminal proceeding can also be used by the Authorities in the Income Tax proceedings also. But, the question is that the Appellate Authority should arrive at its own independent findings of fact on the basis of such material after issuing notice to the Assessee, giving him an opportunity to controvert the material against him. Therefore, mere acquittal of the Assessee along with other two co-accused by High Court, as quoted above cannot by itself result in setting aside of the assessment made by the Assessing authority in the present case. In these circumstances we are of the opinion that the matter again deserves to be remanded back to the Assessing Authority for fresh enquiry in the matter.

Summary

Issues Involved:
1. Sufficiency of evidence for making additions under the Income Tax Act.
2. Impact of criminal acquittal on income tax assessments.
3. Tribunal's adherence to remand instructions and independent fact-finding.

Issue-wise Detailed Analysis:

1. Sufficiency of evidence for making additions under the Income Tax Act:
The Revenue filed an appeal under Section 260A of the Income Tax Act, 1961, challenging the Income Tax Appellate Tribunal's order dated 30.06.2006, which partly allowed the Assessee's appeal against the Deputy Commissioner of Income Tax's order for the Block Assessment periods 1986-1987 to 1995-1996. The Tribunal observed that the basic materials on which the fresh assessment was framed were the same as those considered in the earlier round of appeal and found insufficient for making any addition under the Income Tax Act. The Tribunal held that it could not take a divergent view from its earlier decision and found no merit in the Departmental Representative's plea for another remand to the Assessing Officer, emphasizing that the powers of the Tribunal cannot be exercised to allow the Assessing Officer an opportunity to patch up the weak part of his case.

2. Impact of criminal acquittal on income tax assessments:
The Tribunal's decision was influenced by the fact that the High Court had acquitted the Assessee and two others in related criminal proceedings. The High Court noted that the prosecution had failed to substantiate the charge of the firms being fictitious and that there was no conclusive evidence of forgery. The Tribunal's reliance on the acquittal led to the deletion of the entire addition of undisclosed income of ?1.06 Crores in the Assessee's hands. However, the Revenue argued that the acquittal in criminal proceedings does not automatically nullify the income tax assessments, as both proceedings operate in different fields. The Court agreed with this view, stating that the material collected during criminal proceedings can be used in income tax proceedings, but the Appellate Authority must arrive at its own independent findings based on such material.

3. Tribunal's adherence to remand instructions and independent fact-finding:
The Court found that the Tribunal erred in dismissing the appeal without appreciating the facts in detail and rejecting the materials before it. The Tribunal failed to give any finding of fact against the Assessee regarding the alleged bogus firms and their transactions. The Court held that the Tribunal should have conducted its own independent fact-finding and should have considered remanding the case back to the Assessing Authority if it found the findings insufficient. The Court emphasized that the Assessing Authority must conduct a fresh enquiry, giving the Assessee a reasonable opportunity to controvert the adverse materials and arrive at independent findings of fact.

Conclusion:
The Court concluded that the matter deserved to be remanded back to the Assessing Authority for fresh enquiry. The Assessing Authority is directed to conduct an independent assessment, considering all adverse materials and giving the Assessee a reasonable opportunity to respond. The Tribunal's reliance on the earlier remand order and the criminal acquittal was found to be insufficient grounds for setting aside the assessment. The appeal of the Revenue was disposed of with these observations, and the questions of law were answered accordingly. No order as to costs was made.