2022 (6) TMI 229 - AT - Income Tax

Unexplained deposits/investment - addition based on dairy found in search - HELD THAT - The entries in the diary of the alleged one Shri Gouri Shankar Choudhary were in the name of Shri Ramavtar Agarwal and not in the name of the assessee. It has been alleged that the disputed amount of Rs.10, 00, 000/- was given by the assessee through cheque. However there is no mention either of any bank account of the assessee or any other details to show that the said amount was paid by the assessee through cheque. Assessee has relied upon paper-book page 20 onwards which is the copy of the bank account statement of the assessee to submit that the assessee did not issue any alleged cheque to any such person. However otherwise if the payment was made through cheque then how the same may be alleged to be out of unexplained sources especially when there is no allegation that the deposit in the bank account of the assessee was from any unknown source of income. We do not find any justification on the part of the CIT(A) in confirming the addition and the same is ordered to be deleted - Appeal of assessee allowed.

Issues:
1. Validity of reassessment proceedings under sections 147/148
2. Addition of Rs. 10 lakhs on account of unexplained cash credit under section 68
3. Admissibility of diary impounded from third party premises in making additions

Validity of Reassessment Proceedings under Sections 147/148:
The appellant challenged the initiation of reassessment proceedings under sections 147/148, contending that there was no tangible material linking the alleged income to them. They argued that the initiation was based on irrelevant documents and transactions, lacking a live link to the alleged income. Moreover, the appellant claimed that the reassessment was void ab initio due to the absence of proper sanction as required under section 151(1) from the Principal CIT. The Tribunal analyzed the grounds raised by the appellant and examined the legal validity of the reassessment proceedings.

Addition of Rs. 10 Lakhs on Account of Unexplained Cash Credit under Section 68:
The Assessing Officer made an addition of Rs. 10 lakhs on account of unexplained cash credit under section 68 based on information received during a survey conducted in another entity's premises. The CIT(A) upheld a part of this addition, reducing it to Rs. 10 lakhs. The Tribunal reviewed the impounded diary entries and the appellant's contentions. It was observed that the entries in the diary pertained to payments made by a different individual, not the appellant. The Tribunal noted discrepancies in the evidence presented and the lack of direct link between the appellant and the alleged transactions. Consequently, the Tribunal held that the addition of Rs. 10 lakhs lacked a legal basis and ordered its deletion.

Admissibility of Diary Impounded from Third Party Premises in Making Additions:
The Assessing Officer relied on a diary impounded from a third party's premises during a survey, where the appellant's name was found. The CIT(A) confirmed a portion of the addition based on the impounded diary entries. However, the Tribunal scrutinized the evidence and found that the diary entries were not directly linked to the appellant. The Tribunal emphasized that the entries were in the name of a deceased individual and lacked concrete evidence connecting the appellant to the transactions. The Tribunal considered the absence of corroborative evidence and the appellant's submissions, ultimately ruling in favor of the appellant and deleting the disputed addition.

In conclusion, the Tribunal allowed the appeal, emphasizing the lack of substantial evidence linking the appellant to the alleged transactions. The judgment highlighted the importance of concrete evidence and a direct nexus between the assessee and the disputed amounts in making additions under the Income Tax Act.

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