2022 (7) TMI 1047 - AT - Income Tax

Assessment u/s 153A - Addition of income earned by the assessee from cricket betting - addition as estimated by applying a net profit rate of 1% on the total transactions as found recorded in the laptops - HELD THAT - As different explanation was offered by the assessee in respect of cash found and seized during the raid conducted by the Vigilance Squad of State Police, Gandhinagar, and although it was initially stated to be the income of the assessee relating to his cricket betting business, this stand was subsequently changed by the assessee by stating that the same was belonging to his brother-in-law Mr. Himanshu and even the affidavit of Mr. Himanshu was also filed owning the said cash. As in the statement recorded assessee again changed this stand by stating that the cash found and seized was his income from dalali. Even though there was no mention of any real estate agency business in the said statement, there was a specific mention by the Assessing Officer that a letter as filed by the assessee during the course of assessment proceedings stating that he was doing dalali business of sale and purchase of land, flat bungalows in the last two years. Thus find no infirmity in the orders of the authorities below to treat the cash found and seized during the raid conducted by the Vigilance Squad of State Police, Gandhinagar at the residential premises of the assessee as his commission/dalali income from real estate agency business. Addition of 1% of total transactions relating to cricket betting - The assessee also never offered any satisfactory explanation regarding the nature of the said transactions as well as the income earned by him from the said transactions despite sufficient and specific opportunity afforded by the Assessing Officer in this regard during the course of assessment proceedings. He also did not produce any books of account or other relevant details to show the exact amount of income earned by him from the said transactions. Assessing Officer, therefore, was left with no option but to estimate the income of the assessee at 1% of the total transactions for both the years under consideration as found recorded in the laptops found from the possession of the assessee. Whether the estimate so made by the Assessing Officer and confirmed by the learned CIT(A) is fair and reasonable in the facts and circumstances of the case? As noted that neither before the authorities below nor even before the Tribunal, the assessee has brought anything on record to show that the profit actually earned by him from the transactions of cricket betting was lower than 1% as estimated by the Assessing Officer and confirmed by the learned CIT(A). Thus we are of the view that the estimate made by the Assessing Officer of the assessee s income at 1% of the total transactions of cricket betting as found recorded in the laptops seized from the possession of the assessee is quite fair and reasonable and the learned CIT(A) was fully justified in confirming the same. In that view of the matter, we find no justifiable reason to interfere with the impugned order of the learned CIT(A) on this issue and upholding the same, we dismiss both the appeals filed by the assessee.

Summary

Issues Involved:
1. Legitimacy of the cash seized during the raid.
2. Estimation of income from cricket betting.

Issue-wise Detailed Analysis:

1. Legitimacy of the Cash Seized During the Raid:
The assessee's residential premises were raided by the Vigilance Squad of State Police, Gandhinagar, resulting in the seizure of Rs. 43,88,500/- in cash, along with incriminating documents and articles. Initially, the assessee claimed this cash was related to cricket betting. However, the assessee later changed his stand, stating that the cash belonged to his brother-in-law, and subsequently claimed it was his income from dalali (brokerage) without specifying any business. The Assessing Officer (AO) noted a letter from the assessee during the assessment proceedings indicating that he was involved in real estate brokerage. Consequently, the authorities treated the seized cash as commission income from real estate agency business. The Tribunal upheld this decision, stating, "we do not find any infirmity in the orders of the authorities below to treat the cash of Rs.43,88,500/- found and seized... as his commission/dalali income from real estate agency business."

2. Estimation of Income from Cricket Betting:
The AO estimated the assessee's income from cricket betting at 1% of the total transactions recorded in the seized laptops, amounting to Rs. 33,09,019/- for AY 2011-12 and Rs. 1,11,18,493/- for AY 2012-13. The assessee contended that this estimation was arbitrary and without basis. However, the AO noted that the assessee failed to provide any satisfactory explanation or documentation regarding the nature of the transactions or the income earned. The AO's estimation was based on the fact that the transactions involved both profits and losses, and some clients did not pay their losses. The Tribunal found the AO's estimation reasonable, stating, "The estimate made by the Assessing Officer of the assessee's income at 1% of the total transactions of cricket betting... is quite fair and reasonable and the learned CIT(A) was fully justified in confirming the same." The Tribunal dismissed the appeals, upholding the AO's and CIT(A)'s decisions.

Conclusion:
The Tribunal confirmed the AO's decision to treat the seized cash as income from real estate brokerage and upheld the 1% estimation of income from cricket betting transactions recorded in the seized laptops. The appeals filed by the assessee were dismissed.