2021 (10) TMI 690 - AT - Income Tax

Undisclosed interest income on amount deposited with HSBC, Geneva - HELD THAT - Coordinate Bench of the Tribunal in assessee's own case for AY 2006-07 2018 (2) TMI 1731 - ITAT DELHI qua this foreign bank account maintained by the assessee with HSBC Bank, Geneva has partly allowed the appeal for statistical purposes by remitting the case back to the AO with direction to adjudicate afresh in accordance with law after obtaining the verificatory report from the bank Since the present assessment framed u/s 153A read with section 143(3) of the Act is an offshoot of initial assessment framed in AY 2006-07 qua the foreign bank account maintained with HSBC Bank, Geneva on account of interest income in the subsequent years, we are of the considered view that this case is also required to be remitted back to the AO to decide accordingly as per order passed in AY 2006-07. So, we refrain from entering into merits of this case in order to give free hand to the parties to the appeal to argue their case before the AO afresh. Consequently, the impugned order passed by the ld. CIT (A) is set aside and remitted back to the AO to decide afresh after providing an opportunity of being heard to the assessee. Appeal filed by the Revenue is allowed for statistical purposes.

Summary

Issues:
1. Addition of undisclosed interest income on amount deposited with HSBC, Geneva.
2. Deletion of the addition by the Commissioner of Income-tax (Appeals).
3. Compliance with notices and penalty proceedings.
4. Assessment based on foreign bank account details.
5. Discrepancies in the information provided by the assessee.
6. Remittance of the case back to the Assessing Officer for fresh adjudication.

Issue 1: Addition of Undisclosed Interest Income:
The Appellate Tribunal ITAT DELHI addressed the appeal seeking to set aside the order passed by the Commissioner of Income-tax (Appeals) regarding the addition of undisclosed interest income of ?5,83,739 earned by the assessee from an account with HSBC, Geneva. The Revenue argued that the deletion of this addition was erroneous, citing a circular by the CBDT. The Tribunal analyzed the facts and circumstances, including the documents seized during a search operation, and concluded that the addition was justified under section 69 of the Income-tax Act, 1961.

Issue 2: Deletion of Addition by CIT (A):
The Tribunal reviewed the grounds of appeal raised by the Revenue challenging the deletion of the undisclosed interest income addition by the Commissioner of Income-tax (Appeals). The Revenue contended that the assessee deliberately concealed the interest income, while the CIT (A) ruled in favor of the assessee. The Tribunal considered the discrepancies in the information provided by the assessee and upheld the Revenue's appeal, setting aside the CIT (A)'s decision for fresh adjudication by the Assessing Officer.

Issue 3: Compliance with Notices and Penalty Proceedings:
The Assessing Officer initiated penalty proceedings due to the assessee's failure to comply with notices issued under section 142(1) of the Act. Despite opportunities, the assessee did not sign the consent waiver form, leading to the addition of interest income and a revised assessment. The Tribunal acknowledged the penalty proceedings and directed the matter to be decided afresh by the Assessing Officer.

Issue 4: Assessment Based on Foreign Bank Account Details:
The assessment for the year 2010-11 was based on information regarding the assessee's accounts in HSBC Bank, Geneva, obtained during a search and seizure operation. The Tribunal considered the profile of the assessee linked to various clients and the absence of verificatory reports from the bank authorities. The Tribunal emphasized the importance of verifying the foreign bank accounts before finalizing the assessment.

Issue 5: Discrepancies in Information Provided by Assessee:
The Tribunal highlighted the contradictions in the information provided by the assessee regarding the overseas bank account during the search operation. The assessee denied ownership of the account but was linked to entities as a beneficiary/attorney holder. The Tribunal considered these discrepancies in assessing the undisclosed interest income and directed a fresh adjudication by the Assessing Officer.

Issue 6: Remittance of the Case to Assessing Officer:
Given the connection of the present assessment to the earlier assessment for the year 2006-07 concerning the foreign bank account with HSBC Bank, Geneva, the Tribunal remitted the case back to the Assessing Officer. The Tribunal refrained from delving into the merits of the case to allow both parties to present their arguments afresh. The order passed by the CIT (A) was set aside, and the appeal by the Revenue was allowed for statistical purposes.

This detailed analysis of the judgment by the Appellate Tribunal ITAT DELHI covers the various issues involved in the case, providing a comprehensive overview of the legal proceedings and decisions made regarding the undisclosed interest income and compliance matters related to the foreign bank account maintained by the assessee.