2020 (2) TMI 502 - AT - Income Tax

Reopening of assessment u/s 147 - unexplained investment - HELD THAT - AO proceeded to initiate the proceedings under section 147 after receiving some reliable information from the outside source. As such, the AO after receiving the information verified the balance sheet of the assessee wherein the investment was shown at ₹ 1.43 crore. AO after receiving the information applied his mind by referring the balance sheet of the assessee and after that recorded his satisfaction u/s 147 - the allegation of the assessee that there is change of opinion is not sustainable. Accordingly we do not find any merit in the argument of the learned AR for the assessee. Hence the additional ground of appeal of the assessee is dismissed Addition u/s 69 on protective basis - It is necessary to ascertain the fact of the final outcome of substantive addition in the hands of other companies before reaching to the conclusion in the present case. But no such detail is arising from the order of the authorities below. We also note that the assessee has filed certain additional/new evidences to justify the source of investment in the companies as discussed above which were not accepted by the learned CIT (A). These additional/new evidences were not admitted by the learned CIT (A) as the assessee has not given any reasonable reason for not filing the same before the AO during the assessment proceedings. In this regard, we note that there is a procedure prescribed under rule 46A of income tax rule for furnishing the additional evidences. But the assessee has not complied the same. In the present facts of the case, admittedly the assessee has disclosed the investments in its books of accounts. Thus the question arises whether the addition can be made to the total income of the assessee under section 69 of the Act on account of such investments which was disclosed in the books of accounts. But, we do not want to comment on the same for the reason that 1st of all it is necessary to ascertain the status of the substantive assessment made in the hands of the companies as discussed above. Entire issue needs to be examined afresh by the AO as per the provisions of law and in the light of the above stated discussion. Hence the ground of appeal of the assessee is allowed for the statistical purposes.

Issues Involved:
1. Validity of reopening the case under section 147 of the Income Tax Act.
2. Confirmation of addition of ?56,00,000 as unexplained investment under section 69.
3. Interest charged under sections 234B and 234C of the Act.
4. General grounds for adding, amending, or altering grounds of appeal.

Detailed Analysis:

1. Validity of Reopening the Case under Section 147:
The assessee challenged the reopening of the case under section 147 of the Act. The facts reveal that the assessee, a limited company engaged in project consultancy and investment in shares, filed its return of income declaring NIL income, which was accepted under section 143(1). The AO initiated proceedings under section 147 after receiving information about the assessee's investments in shares of Pradip Overseas Ltd and Pradeep Enterprise Ltd, amounting to ?25,00,000 and ?31,00,000 respectively, which were considered fictitious. The AO believed that the income had escaped assessment based on this information.

The tribunal noted that the AO must have prima facie material to form an opinion on income escapement and is not required to verify the sufficiency or correctness of the material at the time of recording satisfaction. The tribunal cited judgments from the Supreme Court in Reymond Woollen Mills Ltd vs. ITO and ACIT vs. Rajesh Jhaveri Stockbrokers (P) Ltd to support the AO's action. The tribunal concluded that the AO had reliable information and applied his mind before recording satisfaction under section 147, dismissing the additional ground of appeal by the assessee.

2. Confirmation of Addition of ?56,00,000 as Unexplained Investment under Section 69:
The assessee argued that the CIT(A) erred in confirming the addition of ?56,00,000 as unexplained investment under section 69 on a protective basis. The AO found that the assessee did not furnish the source of investments in the shares of Pradip Overseas Ltd and Pradeep Enterprise Ltd, treating the investments as unexplained under section 69. The AO added the amount on a protective basis since the same amount was added substantively in the hands of Pradip Overseas Ltd and Pradeep Enterprise Ltd.

The CIT(A) upheld the AO's decision, noting that the assessee failed to provide sufficient details and confirmations of the parties from whom the funds were received. The CIT(A) observed discrepancies in the confirmations and found the explanations unsatisfactory.

The tribunal noted that the addition was made on a protective basis, implying that the same amount was added substantively in other companies' hands. The tribunal highlighted the need to ascertain the final outcome of the substantive addition in the other companies before concluding. Additionally, the tribunal noted that the assessee had disclosed the investments in its books of accounts, questioning the applicability of section 69. The tribunal remanded the issue to the AO for fresh examination as per the law, allowing the ground of appeal for statistical purposes.

3. Interest Charged under Sections 234B and 234C of the Act:
The tribunal did not separately adjudicate the issues related to interest charged under sections 234B and 234C, as they were consequential or general in nature.

4. General Grounds for Adding, Amending, or Altering Grounds of Appeal:
The tribunal did not separately adjudicate these grounds, dismissing them as either consequential or general in nature.

Conclusion:
The tribunal partly allowed the appeal for statistical purposes, remanding the issue of unexplained investment to the AO for fresh examination and dismissing the additional ground of appeal regarding the reopening of the case under section 147. The issues related to interest and general grounds were not separately adjudicated. The order was pronounced on 05/02/2020 in Ahmedabad.

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