2023 (5) TMI 1007 - AT - Income Tax

Addition u/s 69A - unaccounted income of the assessee - income of the partnership firm added in the hands of the assessee - HELD THAT - Details relating to the said firm and 'the' books of accounts and statements of the said firm were submitted before the assessing officer vide submissions in response to notice u/s 153C of the Act issued to the said firm. Similar submissions were made in the case of the assessee as well. However, the assessing officer did not take cognizance of the said submissions. CIT(A) also observed that M/s Platinum Developers has filed application before Hon'ble Settlement Commission, Mumbai in which the undisclosed income which is part of the seized material referred to above has been offered to tax in the hands of the said firm. CIT(A) held that the Himgiri Project belonged to M/s Platinum Developer and income including undisclosed income, if any, has to be brought to tax in the hands of the said firm only. The income of the firm especially when assessed to tax cannot be brought to tax in the hands of the individual partners. Addition made by the AO towards the income of the partnership firm M/s Platinum Developers in the hands of the assessee in the profit sharing ratio cannot be sustained. Appeal filed by the Revenue is dismissed.

Issues Involved:
The judgment involves the following Issues:
1. Addition of unaccounted income derived from a partnership firm.
2. Consideration of settlement application before the Settlement Commission.
3. Interpretation of incriminating documents and partnership firm's income.
4. Validity of addition without final order from the Settlement Commission.
5. Treatment of unaccounted investment and partner's share in income.
6. Assessment of unaccounted contribution to the firm by an individual partner.

Issue 1: Addition of Unaccounted Income from Partnership Firm
The Revenue appealed against the deletion of an addition of Rs.74,06,250 made by the Assessing Officer on account of unaccounted income derived from the partnership firm M/s. Platinum Developers. The Revenue argued that the income, if undisclosed and taxes unpaid by the firm, should be taxed in the hands of individual partners. However, the CIT(A) held that income of the firm, when assessed to tax, cannot be taxed in the hands of individual partners, leading to deletion of the addition.

Issue 2: Consideration of Settlement Application
The Revenue contended that the Settlement Commission had not passed a final order regarding the undisclosed income offered for taxation by the partnership firm. The CIT(A) noted that the firm had filed an application before the Settlement Commission, disclosing the income from seized material. As the income of the firm should be taxed in the firm's hands, the addition made by the Assessing Officer in the individual partner's hands was deleted by the CIT(A).

Issue 3: Interpretation of Incriminating Documents
The documents seized during the search indicated an amount divided among partners of the partnership firm. The Assessing Officer treated this as unaccounted income to be taxed in the individual partner's hands. However, the CIT(A) clarified that the project belonged to the partnership firm, and the income, including undisclosed income, should be taxed in the firm's hands, not the individual partners'.

Issue 4: Validity of Addition without Final Settlement Commission Order
The Revenue argued for sustaining the addition without a final order from the Settlement Commission. The CIT(A) highlighted that the firm had disclosed the income before the Commission, and as the project belonged to the firm, the income should be taxed in the firm's hands. Consequently, the addition made by the Assessing Officer was deleted.

Issue 5: Treatment of Unaccounted Investment and Partner's Share
The argument centered on the interpretation of the seized documents showing unaccounted investment and partner's share in income. The CIT(A) emphasized that the project was conducted by the partnership firm, and the income should be taxed in the firm's hands. The addition in the individual partner's hands was deemed unjustified and rightly deleted by the CIT(A).

Issue 6: Assessment of Unaccounted Contribution to the Firm
The contention revolved around the assessing officer's addition of unaccounted income in the individual partner's hands. The CIT(A) upheld that the project belonged to the partnership firm, and the income, including undisclosed income, should be taxed in the firm's hands. The addition made by the Assessing Officer was correctly deleted by the CIT(A).

The judgment dismissed the Revenue's appeal, upholding the CIT(A)'s decision to delete the addition of unaccounted income derived from the partnership firm M/s. Platinum Developers. The conclusion was based on the principle that income assessed to tax in a firm cannot be taxed in the individual partners' hands.

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