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2019 (4) TMI 559 - AT - Income TaxAddition of on money for the sale of the property u/s 69 - addition based on documents and material and cash found during the search of the seller of the property - Denial of cross examination - principles of natural justice - valuation of property - HELD THAT - From the perusal of the Assessment Record before us it can be seen that on the note sheet of 02.07.2007 there is no mention as to cross examination of the seller. Thus, there is no opportunity given to the assessee for cross examination of the seller. From the summary of the findings of the Assessing Officer it can be seen that the total money paid by buyer in cash which was found in the lockers was on the estimated basis. But no verifications were done by the Assessing Officer as relates to the slips of the PNB bank found in the locker. The Assessing Officer has also not specified particular activities carried out by the vendors for earning income. Instead has given a general finding that the vendors were engaged in numerous activities. No valuation of the property was done by the AO to arrive at the proper findings. Thus, it will be appropriate to remand back these issues to the file of the Assessing Officer for verification as well as allow the assessee to cross examine the sellers. Thus, we are accepting the submissions of the Ld. AR to remand back these matters to the file of the Assessing Officer. Needless to say, the assessee be given opportunity of hearing by following principles of natural justice. Appeal allowed for statistical purpose.
Issues Involved:
1. Dismissal of the assessee's appeal by CIT(A). 2. Confirmation of additions by CIT(A) based on third-party documents. 3. Reliance on statements and assessments of the seller. 4. Application of Section 69 of the Income Tax Act. 5. Penalty proceedings under Section 271(1)(c). Issue-wise Detailed Analysis: 1. Dismissal of the Assessee's Appeal by CIT(A): The assessee contended that the CIT(A) was incorrect and unjustified in dismissing their appeal. The grounds included the confirmation of additions made by the Assessing Officer (AO) without proper basis and evidence, and the reliance on third-party documents and statements without allowing cross-examination. 2. Confirmation of Additions by CIT(A) Based on Third-Party Documents: The CIT(A) confirmed the addition of ?1.80 crores and ?8.50 crores based on the statements of the sellers and documents found during the search. The assessee argued that these confirmations were made without proper verification and without considering the cancellation papers found during the search. The Tribunal noted that the AO relied on the statements of the sellers, who claimed to have received "on-money" from the assessee, but did not allow the assessee to cross-examine these statements. 3. Reliance on Statements and Assessments of the Seller: The AO made additions based on the sellers' statements that they received "on-money" from the assessee. The Tribunal highlighted that the assessee was not given an opportunity to cross-examine the sellers, which violated the principles of natural justice. The Tribunal emphasized the need for evidence to prove that "on-money" was indeed received from the assessee. 4. Application of Section 69 of the Income Tax Act: The CIT(A) treated the amounts of ?1.80 crores and ?8.50 crores as income under Section 69 of the Income Tax Act. The assessee argued that this section was not applicable to their case. The Tribunal noted that the AO did not conduct proper verification or valuation of the property to substantiate the findings and relied on estimated figures. 5. Penalty Proceedings under Section 271(1)(c): The CIT(A) deleted the penalties imposed under Section 271(1)(c), which were based on the additions made during the assessment. The Tribunal noted that the deletion of penalties was justified as the additions themselves were not substantiated with proper evidence and verification. Conclusion: The Tribunal, following the directions of the Hon’ble Allahabad High Court, remanded the matters back to the AO for fresh adjudication. The AO was instructed to allow the assessee to cross-examine the sellers and conduct proper verification of the evidence. The penalty appeals were also remanded back as they were consequential to the quantum appeals. The Tribunal emphasized the need to follow the principles of natural justice and provide the assessee with an opportunity of hearing. All four appeals were partly allowed for statistical purposes.
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