2022 (8) TMI 803 - AT - Income Tax

Revision u/s 263 - Addition u/s 68 r.w.s. 115BBE - assessee, by admitting other income did not disclose the source of earning such income and prima facie conclusion was that this income represents undisclosed income - limited scrutiny to examine cash deposit during demonetization period - Unexplained income require taxation @60% u/s 115BBE - assessee opposed the revision on the ground that existence of books of accounts was a condition precedent for invoking the provisions of Sec. 68 and since the income do not include any income referred to in Sec.68, the provisions of Sec.115BBE would not apply - HELD THAT - Upon perusal of assessee s replies during regular assessment proceedings as placed before us, we find that the nature of other income of Rs.7.55 Lacs has nowhere been disclosed by the assessee whereas this income has been reflected in the return of income. This income was shown to be one of the sources of funds during regular assessment proceedings. However, no verification of other income was done by Ld. AO. In fact during revisional proceedings, the assessee shifted the stand and submitted that it was surplus out of deposits and withdrawals which are contradictory to return of income. It is clear that the nature and source of Rs.7.55 Lacs was nowhere examined by Ld. AO as well as no explanation for the same was furnished by the assessee. Under such circumstances, the revision was justified. Finding no reason to interfere in the impugned order, we dismiss the appeal.

Issues:
1. Contesting legality of revisional jurisdiction u/s. 263 by Ld. Principal Commissioner of Income Tax.
2. Assumption of jurisdiction u/s 263 and passing revision order directing Assessing Officer to invoke provisions in section 115BE.
3. Validity of revision order passed out of time and without proper jurisdiction.
4. Satisfaction of twin conditions of error and prejudice for invoking jurisdiction under section 263.
5. Setting aside scrutiny assessment order and expanding scope through revision proceedings.
6. Justification of invoking provisions in section 115BBE for other income offered under section 56.
7. Applicability of section 115BBE and absence of scenarios for imposing enhanced tax rate.
8. Substitution of one possible view not satisfying twin conditions for jurisdiction under section 263.
9. Lack of proper opportunity before passing the impugned order.
10. Request for filing additional grounds/arguments.

Detailed Analysis:

1. The appellant contested the legality of the revisional jurisdiction exercised by Ld. Principal Commissioner of Income Tax under section 263. The grounds raised by the assessee challenged the assumption of jurisdiction and passing of the revision order, arguing that it was contrary to law, facts, and circumstances of the case.

2. The Ld. AR argued that the case was selected for limited scrutiny to verify cash deposits during the demonetization period. The assessee's responses during assessment proceedings indicated that the deposits were sourced from various legitimate income streams. However, the Ld. CIT-DR contended that no query was raised to examine the source of other income, justifying the revision.

3. The return of income was picked up for limited scrutiny to examine cash deposits during demonetization, along with other income sources like bank interest, tuition fees, and additional income. The Ld. AO raised queries regarding the sources of funds, and the assessee provided explanations and details, leading to the acceptance of the returned income.

4. Subsequently, the Ld. Pr. CIT sought revision of the order, highlighting that the source of the disclosed income was not verified, and thus, required taxation at a special rate under section 115BBE. The order was deemed erroneous and prejudicial to revenue due to the lack of verification.

5. The Ld. Pr. CIT directed the Ld. AO to redo the assessment invoking section 115BBE, as the nature and source of the undisclosed income were not adequately explained by the assessee. The revision was based on the premise that the undisclosed income represented earnings taxable at a special rate, lacking necessary verification and explanations.

6. Upon reviewing the assessee's responses during regular assessment proceedings, it was found that the nature and source of the undisclosed income of Rs.7.55 Lacs were not adequately disclosed or verified. The revision was deemed justified as the income's nature and source were not examined by the Ld. AO, leading to the dismissal of the appeal.

7. The appeal was dismissed, upholding the revisional jurisdiction exercised under section 263 by the Ld. Pr. CIT.

This detailed analysis covers the various issues raised in the legal judgment, providing a comprehensive overview of the arguments presented and the decisions made by the authorities involved.

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