2021 (11) TMI 257 - AT - Income Tax

Reopening of assessment u/s 147 - addition of unexplained cash deposits in the AXIS Bank - as argued no addition remained on the issue for which assessment was reopened - difference between sale consideration taken by the assessee for computing long term capital gain vis- -vis deemed sale consideration under section 50C of the Act calculated on the basis of amount on which stamp duty was paid - HELD THAT - Unanimous approach of all the Hon'ble High Courts i.e. Hon'ble Bombay High Courts, Delhi High Court and jurisdictional High Court in construing the provision of section 147 is that expression assess or reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently has been used in section 147. The words and also employed in the section would contemplate that any such other issues come to the notice of the AO would be examined if an addition on the issue for which assessment has been reopened are made. In case no additions are made, then any other such issue will not be examined. In the present case, the ld. CIT(A) has deleted the addition for which assessment was reopened; meaning thereby, an addition on account of unexplained cash deposits in the AXIS Bank cannot be examined and cannot be added by the AO. Therefore, putting reliance upon the judgment of Hon'ble jurisdictional High Court in the case of Mohmed Juned Dadani 2013 (2) TMI 292 - GUJARAT HIGH COURT we delete the addition made by the AO. Penalty u/ 271(1)(c) - We have deleted the impugned addition, and therefore, no addition exists in the hands of the assessee so as to attract vigour of penal provision under section 271(1)(c) - Assessee appeal allowed.

Summary

Issues:
1. Assessment reopening under section 148 of the Income Tax Act.
2. Addition of unexplained cash deposits in AXIS Bank.
3. Quantum appeal regarding assessment proceedings.
4. Penalty appeal under section 271(1)(c) of the Act.

Assessment Reopening under Section 148:
The appeals were filed against orders of the ld. CIT(A)-5, Ahmedabad for the Asstt. Year 2010-2011. ITA No. 924/Ahd/2019 pertained to assessment proceedings under section 143(3) read with section 147, while ITA No. 923/Ahd/2019 was related to penalty proceedings under section 271(1)(c). The assessment was reopened due to the difference in the value of the immovable property for stamp duty and registration purposes. The ld. CIT(A) deleted the addition made by the AO, stating that there was no difference in the value as per the registered sale deed and the stamp valuation authority. The Tribunal held that since no addition remained on the issue for which the assessment was reopened, no other issues could be examined or additional amounts added.

Addition of Unexplained Cash Deposits:
The appellant challenged the addition of unexplained cash deposits in AXIS Bank amounting to ?4,24,500. The Tribunal noted that since the addition on the primary issue for reopening the assessment was deleted by the ld. CIT(A), no further additions could be made. Relying on the judgment of the Hon'ble Gujarat High Court, the Tribunal held that if no additions were made on the issue for which the assessment was reopened, other issues could not be examined. Therefore, the addition of ?4,24,500 was deleted, and the quantum appeal was partly allowed.

Quantum Appeal - Assessment Proceedings:
The Tribunal observed that the ld. CIT(A) had deleted the addition for which the assessment was reopened, indicating that no further additions could be made. The Tribunal referred to the provision of section 147, emphasizing that if no additions were made on the issue for which the assessment was reopened, other issues would not be examined. Consequently, the addition of unexplained cash deposits in the AXIS Bank was deleted, and the quantum appeal was partly allowed.

Penalty Appeal under Section 271(1)(c):
Regarding the penalty appeal under section 271(1)(c) of the Act, the Tribunal canceled the penalty order as no addition existed in the hands of the assessee after deleting the impugned addition during the quantum appeal. Therefore, the penalty appeal was allowed, and the penalty order under section 271(1)(c) of the Act was canceled.

In conclusion, the Tribunal partially allowed the quantum appeal by deleting the addition of unexplained cash deposits and also allowed the penalty appeal by canceling the penalty order under section 271(1)(c) of the Act due to the absence of any additions in the hands of the assessee.