2000 (4) TMI 149 - AT - Income Tax

Issues Involved:

1. Disallowance of basic exemption and treatment of income as undisclosed.
2. Disallowance of various deductions, depreciation, and expenses on car.
3. Treatment of Rs. 15,000 as unexplained investment u/s 69.
4. Addition of Rs. 5,600 in assessment year 1991-92.
5. Addition of Rs. 45,000 on account of investment in Kisan Vikas Patras.
6. Computation of income from truck and disallowance of depreciation and expenses.
7. Tax liability without giving rebate u/s 88 and advance-tax.

Summary:

1. Disallowance of Basic Exemption and Treatment of Income as Undisclosed:
The Tribunal held that income below the taxable limit cannot be treated as undisclosed to attract tax @ 60%. If the income declared remains below the taxable limit, it cannot be treated as undisclosed. However, if the income exceeds the limit specified in s. 139(1) due to any addition/surrender, the entire income for that assessment year would be treated as undisclosed and liable to tax @ 60%. The Tribunal also endorsed that no deduction is allowable with reference to disclosed income for relevant assessment year if the return was not filed u/s 139(1) within the due date.

2. Disallowance of Various Deductions, Depreciation, and Expenses on Car:
The Tribunal observed that the assessee did not claim any depreciation on car in the original return for AY 1994-95. However, the Tribunal directed the AO to allow appropriate relief to the assessee based on the revised computation of income while filing the return for the block period, as the claim of depreciation cannot be treated as a set-off of unabsorbed depreciation.

3. Treatment of Rs. 15,000 as Unexplained Investment u/s 69:
The Tribunal upheld the AO's addition of Rs. 15,000 as unexplained investment, noting that the assessee did not maintain books of account, and there was no supporting evidence to establish the availability of the said amount as on 1st April 1985.

4. Addition of Rs. 5,600 in Assessment Year 1991-92:
The Tribunal directed the AO to verify whether the amount of Rs. 5,600 had been surrendered in the hands of the firm and, if so, to delete the addition made in the hands of the assessee.

5. Addition of Rs. 45,000 on Account of Investment in Kisan Vikas Patras:
The Tribunal found the explanation offered by the assessee reasonable, noting that the investment was made by the wife of the assessee from her past savings and income from tailoring. The Tribunal held that the addition of Rs. 45,000 could not be sustained in the hands of the assessee.

6. Computation of Income from Truck and Disallowance of Depreciation and Expenses:
The Tribunal held that the income from the truck for AY 1994-95, shown as Rs. 22,000, embedded in the higher income of Rs. 38,040, cannot be treated as undisclosed. For AY 1995-96, the Tribunal directed the AO to recompute the income, allowing adjustments for depreciation and car expenses. For AY 1996-97, the Tribunal held that truck income of Rs. 32,000 could not be treated as undisclosed as the return was not due at the time of search.

7. Tax Liability Without Giving Rebate u/s 88 and Advance-Tax:
The Tribunal allowed the credit of Rs. 2,000 paid as advance-tax, noting that all other provisions of the Act apply to assessment made under Chapter XIV-B.

Conclusion:
The appeal was allowed in part, with directions for recomputation and specific reliefs as detailed above.

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