2019 (9) TMI 856 - AT - Income Tax

Undisclosed income during the reassessment proceedings - basis of the addition was a loose paper found during survey operations - HELD THAT - Except for this loose paper, there is nothing in record which corroborate the stand of revenue. This paper was found at the premises of a third party and the complete onus to prove that certain cash got exchanged between M/s Matrix and the assessee, was on revenue. This become all the more important since all the concerned parties viz. Ms. Sandhya, M/s Matrix, Ms. Katrina Kaif, ATN or the assessee, denied having entered into any such cash transactions. No cogent material has been brought on record to rebut the denial made by these parties. It is trite law that addition could not be made merely on the basis of presumption, guess-work, conjectures or surmises. The revenue, in our considered opinion, could not succeed in bringing any corroborative or circumstantial evidence to lend any credence to the contents of the loose paper. In fact, for the aforesaid very reasons, the additions made by AO on the basis of loose paper, in the hands of M/s Matrix and Ms. Katrina Kaif were deleted by first appellate authority in their respective appeals. In the present case, first appellate authority has merely followed the decision in those cases. In MS. KATRINA ROSEMARY TURCOTTE 2017 (11) TMI 669 - ITAT MUMBAI no material in the possession of the AO to demonstrate that the assessee has received any amount in cash from M/s. Matrix India Entertainment P. Ltd. For Dhaka event. On the contrary, the evidences on record do indicate, though, the assessee appeared in the Dhaka event conducted through M/s. ATN Records Ltd., however, she has received her fees fully in cheque and has offered it as income in the relevant assessment year. As no material has been brought before us by the Revenue to controvert the aforesaid facts we are inclined to affirm the order of the CIT(A) on this issue by dismissing the ground raised by the Revenue.

Summary

Issues Involved:
1. Validity of reassessment proceedings.
2. Deletion of addition of ?1 crore as undisclosed income based on loose papers and digital data.
3. Reliance on the orders of another CIT(A) without independent analysis.
4. Corroboration of digital evidence with loose papers.
5. Inclusion of cash receipts in total income based on digital evidence.

Detailed Analysis:

1. Validity of Reassessment Proceedings:
The reassessment proceedings against the assessee were initiated based on information received from the ACIT, Central Circle-47, Mumbai, following a search at the residential premises of an employee of M/s. Matrix India Entertainment Pvt. Ltd. The Ld. AO issued a notice under Section 148, forming a belief of income escapement. The assessee contested the validity of these proceedings before the CIT(A), which upheld the initiation of reassessment, noting the impounded documents suggested possible income escapement, thus justifying the exercise of power under Section 148 r.w.s. 147 of the Income Tax Act.

2. Deletion of Addition of ?1 Crore as Undisclosed Income:
The Ld. AO added ?1 crore to the assessee's income based on a loose paper found during a survey at M/s. Matrix India Entertainment Pvt. Ltd., which indicated that the assessee received ?1 crore in cash for a performance in Dhaka. The assessee argued that the loose paper reflected a mere proposal that never materialized, and the actual performance in Dhaka was conducted through ATN Records, with payments documented and received via cheque. The CIT(A) deleted the addition, noting that similar additions were deleted in the cases of Ms. Katrina Kaif and M/s. Matrix India Entertainment Pvt. Ltd., and there was no corroborative evidence to support the addition.

3. Reliance on Orders of Another CIT(A) Without Independent Analysis:
The revenue argued that the CIT(A) erred in deleting the addition merely by relying on the orders of another CIT(A) without independently analyzing the evidence gathered during the search. The CIT(A) maintained judicial consistency by following the decisions in the cases of Ms. Katrina Kaif and M/s. Matrix India Entertainment Pvt. Ltd., where similar additions were deleted due to lack of corroborative evidence.

4. Corroboration of Digital Evidence with Loose Papers:
The Ld. AO contended that the digital data retrieved from the mobile of an employee of M/s. Matrix India Entertainment Pvt. Ltd. corroborated the loose papers seized, indicating cash receipts by the assessee. However, the CIT(A) and subsequently the Tribunal found that there was no material evidence, other than the loose paper, to substantiate the claim of cash receipts. All concerned parties, including the assessee, denied any cash transactions, and no cogent material was presented to rebut these denials.

5. Inclusion of Cash Receipts in Total Income Based on Digital Evidence:
The revenue's argument that cash receipts reflected in the digital evidence should be included in the assessee's total income was dismissed by the Tribunal. The Tribunal affirmed the CIT(A)'s decision, noting that the revenue failed to provide any corroborative or circumstantial evidence to support the addition. The Tribunal emphasized that additions cannot be made based on presumption, guess-work, conjectures, or surmises.

Conclusion:
The Tribunal dismissed the revenue's appeal, upholding the CIT(A)'s decision to delete the addition of ?1 crore as undisclosed income. The Tribunal noted that the revenue could not bring any corroborative evidence to support the addition, and the decision was consistent with previous rulings in similar cases. The reassessment proceedings were deemed valid, but the addition based on loose papers and digital data was not substantiated, leading to the dismissal of the appeal.