2021 (12) TMI 499 - AT - Income Tax

Assessment u/s 153C - Unexplained income as determined - CIT-A enhanced the assessment as there was unaccounted cash which was not at all explained by the assessee at any point of time - HELD THAT - It is pertinent to note that despite giving proper opportunity before the Assessing Officer as well as before the CIT(A), the assessee preferred not appear before the authorities. Therefore, the CIT(A) has rightly proceeded in the appeal filed by the assessee by taking cognizance of the material available at the time of appellate proceedings. The CIT(A) has given a detailed finding relating to the additional evidence filed and held that in light of the findings of the search in Thapar Dhingra Group, the textile trade transactions claimed by the various entities of the group have been found to be sham and mere artificial entries in their books of account. The working of peak submitted by the assessee before the CIT(A) also appears to be incorrect. Thus, all the aspects were properly determined by the CIT(A) and there is no need to interfere with the findings of the CIT(A). Thus, the appeal of the assessee is dismissed.

Issues:
1. Validity of assessment proceedings under section 153C of the Income Tax Act.
2. Assessment in respect of seized documents.
3. Assessment in the hands of individuals when HUF ceases to exist.
4. Legality of ex-parte assessment.
5. Rejection of audited accounts and Tax Audit Report.
6. Restriction of assessment under section 153C to seized incriminating documents.
7. Admission of additional evidences during appellate proceedings.
8. Rejection of audited books but reliance on them for calculating peak income.
9. Sustaining additions as unexplained investment/expenditure.
10. Penalty proceedings under section 271(1)(c) of the IT Act.
11. Use of statements without providing copies for cross-examination.
12. Consideration of explanations, evidences, and materials on record.

Analysis:

1. The appeal challenged the assessment order for Assessment Year 2005-06 under section 153C of the Income Tax Act. The appellant contended that the assessment proceedings did not abate under section 153C as they were not pending at the time of recording satisfaction. The grounds raised various objections, including the absence of seized documents related to the appellant, assessment in the hands of individuals after HUF ceased to exist, and procedural irregularities in the assessment process.

2. The assessment was initiated based on a search and seizure under section 132 at the premises of certain individuals. Documents belonging to the assessee were seized during the search, leading to the invocation of section 153C read with Section 153A. Despite notices and opportunities provided, the appellant did not appear before the authorities, resulting in an ex-parte assessment. The Assessing Officer made additions towards trading resolutions, expenses, and unaccounted receipts, totaling the income at ?7,60,000.

3. The assessee appealed the assessment order before the CIT(A), who enhanced the assessment and dismissed the appeal in 2013. Subsequently, the appellant failed to appear before the authorities during the hearing, leading to the proceedings being based on written submissions. The CIT(A) upheld the enhancements, considering unexplained cash investments and unaccounted income, which were not adequately explained by the appellant.

4. The ITAT, after hearing the arguments from the Departmental Representative (DR), upheld the CIT(A)'s decision. Despite the appellant's absence, the ITAT reviewed the material on record and found that the CIT(A) had correctly dealt with the additional evidence and the findings related to the search in the Thapar Dhingra Group. The ITAT concurred with the CIT(A)'s determination of unexplained investments and income, leading to the dismissal of the appellant's appeal.

5. In conclusion, the ITAT dismissed the appeal, affirming the CIT(A)'s decision to enhance the assessment based on unexplained cash transactions and unaccounted income. The ITAT found no grounds to interfere with the CIT(A)'s findings, considering the appellant's non-appearance and the adequacy of the assessment process followed by the authorities.

Order:
The appeal of the assessee is dismissed.

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