2022 (3) TMI 643 - AT - Income Tax

Validity of Assessment u/s 153A - Proof of valid approvals u/s 153D - function to be performed by the Addl. CIT or CIT in granting previous approval - HELD THAT - In the instant case, as appears from the letter of the Assessing Officer seeking approval, he has sent only the draft assessment orders without any assessment records what to say about the search material. Therefore, the approval given in the instant case by the Ld. Addl. CIT is not valid in the eyes of law. We, therefore, hold that the approval u/s 153D has been granted without application of mind and is invalid, bad in law and is liable to be quashed. Since, we have held that the approval u/s 153D is invalid and bad in law, therefore, the Assessing Officer cannot pass the assessment order u/s 153A of the Act against the assessee. Therefore, all assessment orders are vitiated for want of valid approvals u/s 153D of the Act and as such no addition could be made against the assessee. We quash the assessment order passed u/s 153A of the Act. The additional ground raised by the assessee in the cross objection is allowed.

Issues Involved:
1. Addition to capital account.
2. Unsecured loans.
3. Disallowance under section 40(a)(ia).
4. Deemed dividend under section 2(22)(e).
5. Personal expenses disallowance.
6. Validity of additional evidences under Rule 46A.
7. Validity of approval under section 153D.

Detailed Analysis:

1. Addition to Capital Account:
The Assessing Officer (AO) added ?20 Lakhs to the assessee's capital account under section 69 due to lack of explanation. The Commissioner of Income Tax (Appeals) [CIT(A)] deleted this addition after the assessee provided additional evidence, including confirmation and bank account details of the lender, which the AO failed to examine. The CIT(A) noted, "the addition made amounting to ?20,00,000/- is not sustainable and hence the same is liable to be deleted."

2. Unsecured Loans:
The AO added ?15,06,50,000/- under section 68 due to failure to prove the creditworthiness and genuineness of the transactions. The CIT(A) deleted this addition, stating, "the documents filed as additional evidences gave complete details of the case... the capacity of the lenders and genuineness of the transactions stands established and there is no merit in invoking the provisions of section 68." The AO did not verify the additional evidence provided during the appellate proceedings.

3. Disallowance under Section 40(a)(ia):
The AO disallowed ?5,94,317/- for non-deduction of TDS on interest payments. The CIT(A) deleted this disallowance, noting, "the appellant has placed on record sufficient documentary evidence exhibiting the deduction of TDS made by the appellant on said payment."

4. Deemed Dividend under Section 2(22)(e):
The AO added ?1,16,57,861/- as deemed dividend. The CIT(A) sustained ?56,57,861/- and deleted ?60 Lakhs, which was paid as director’s remuneration. The CIT(A) stated, "the payment of ?60.00 Lacs was towards the director’s remuneration for services rendered by the appellant to the payer."

5. Personal Expenses Disallowance:
The AO disallowed ?51,750/- for personal use of car expenses. The CIT(A) sustained this disallowance, stating, "the appellant has neither maintained any log book during the year under consideration nor it has maintained any details of visits made during the year."

6. Validity of Additional Evidences under Rule 46A:
The Revenue challenged the admission of additional evidences by CIT(A). The CIT(A) admitted the additional evidences under Rule 46A, noting, "the additional evidences filed were relevant and vital that would go the root of the matter while deciding the issues to which they relate."

7. Validity of Approval under Section 153D:
The assessee challenged the validity of the assessment order on the grounds of mechanical approval under section 153D. The Tribunal found merit in this argument, noting that the approval was granted without proper examination of the records, stating, "the approval given by the Addl. CIT on the very same day on which the Assessing Officer sought approval... without verifying the records has given approval in a mechanical manner." The Tribunal quashed the assessment orders, holding that the approval under section 153D was invalid and bad in law.

Conclusion:
The Tribunal upheld the CIT(A)'s deletion of additions related to capital account, unsecured loans, and TDS disallowance. It sustained the disallowance for personal expenses and partial addition for deemed dividend. The Tribunal also found the approval under section 153D invalid, leading to the quashing of the assessment orders. The appeal by the Revenue was dismissed, and the cross-objection by the assessee was allowed.

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