2022 (5) TMI 1086 - AT - Income Tax

Deemed income u/s 69A - Disallowance of Indirect Expenses and Interest on Partner s Capital - HELD THAT - As it is vivid that expenses are duly supported by bills / vouchers/ evidences Indirect Income - Undisclosed income - AO observed that assessee has not offered this income as Business Income or Income from other sources in its Profit and Loss account - Income declared during Survey as Deemed Income not includible under any of the heads of Income prescribed u/s 14 of the Income Tax Act, 1961 - HELD THAT - Unaccounted amount of Rs.16,65,000/- admitted during survey, is business income, as explained by the assessee twice in his statement. Now, burden is on the assessing officer to disprove it. However, we note that assessing officer has not refuted or discredited these evidences. The assessing officer does not mention why he is not accepting these evidences. Thus, it is abundantly clear that assessing officer has not made any adverse finding in any of these documents even, though all the details were furnished by the assessee before him. The assessing officer ought to have examined all these details and refuted / rejected them, with a cogent adverse findings and discernable line of reasoning, in order to arrive at a conclusion and to make the addition. On the contrary, the assessing officer has just brushed aside these evidences without even a word on why they are not acceptable. It is a well settled Law that when an assessee has all the possible evidence in support of its claim, they cannot be brushed aside based on surmises. Therefore, based on this factual position, we direct the assessing officer to treat the amount under the head Income from business and allow Indirect expenses and interest on partner s capital account. Assessee appeal allowed.

Summary

Issues:
1. Disallowance of Indirect Expenses and Interest on Partner's Capital.
2. Treatment of income declared during Survey as Deemed Income not includible under any head of Income.

Issue 1: Disallowance of Indirect Expenses and Interest on Partner's Capital
The case involves an appeal against the order passed by the Commissioner of Income Tax (Appeals) regarding the disallowance of Indirect Expenses and Interest on Partner's Capital for Assessment Year 2015-16. The Assessing Officer made additions to the tune of Rs. 16,65,000 under section 69A of the Income Tax Act as the income was not assigned to any specific head. The Commissioner of Income Tax (Appeals) upheld the Assessing Officer's decision. The appellant, a Partnership Firm engaged in the business of Builders and Developers, contended that the additional income was business income and should be taxable under the head Profits and Gains of Business, allowing for the deduction of related expenses. The appellant provided detailed explanations and evidence to support their claim.

Issue 2: Treatment of income declared during Survey as Deemed Income
During the assessment proceedings, it was revealed that the appellant had credited Rs. 16,65,000 in its profit and loss account under "Indirect Income - Undisclosed income" without assigning it to any specific income head. The Assessing Officer treated this as deemed income under section 69A of the Act and disallowed Indirect Expenses and Interest on Partner's Capital. The appellant argued that the amount was part of its business receipt and should be taxed under the head Profits and Gains of Business, allowing for the deduction of related expenses. The Income Tax Appellate Tribunal directed the Assessing Officer to treat the amount of Rs. 16,65,000 under the head "Income from business" and allowed the claimed deductions for Indirect Expenses and Interest on partner's capital account.

In conclusion, the Income Tax Appellate Tribunal allowed the appeal filed by the assessee, directing the Assessing Officer to treat the disputed amount under the head "Income from business" and allowing the claimed deductions for Indirect Expenses and Interest on partner's capital account. The Tribunal emphasized the importance of providing cogent adverse findings and reasoning when rejecting evidence presented by the assessee, highlighting that evidence cannot be disregarded based on surmises when the assessee has provided all necessary documentation to support their claims.