Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2003 (11) TMI AT This

  • Login
  • Cases Cited
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2003 (11) TMI 299 - AT - Income Tax

Issues Involved:
1. Assessment of income from undisclosed sources.
2. Validity of jurisdiction.
3. Genuineness of the gift and its immunity under the Remittances of Foreign Exchange and Investment in Foreign Exchange Bonds (Immunities and Exemptions) Act, 1991.
4. Trading addition.
5. Unexplained cash credit.

Issue-wise Detailed Analysis:

1. Assessment of income from undisclosed sources:
The AO assessed an income of Rs. 12,09,436 as 'income from undisclosed sources' in the case of a minor, Master Abhinav Malhotra, on a protective basis, while making a substantive addition in the hands of his father, Shri Deepak Malhotra. The assessment was completed ex parte under section 144 based on the material available on record. The AO observed that the minor had made investments in M/s Rama Jewellers, resulting in a net accretion of Rs. 12,09,436, which was treated as income from undisclosed sources.

2. Validity of jurisdiction:
The assessee's counsel contended that the assessment was made without proper jurisdiction. The learned CIT(A) upheld the validity of the jurisdiction after making internal enquiries, but the Tribunal found that the original acknowledgements of returns filed by the assessee were duly stamped and signed by the IT Department. The Tribunal held that the proceedings were invalid due to the lack of proper jurisdiction by the Asstt. CIT, New Assessee Circle 7(1), New Delhi.

3. Genuineness of the gift and its immunity under the Remittances of Foreign Exchange and Investment in Foreign Exchange Bonds (Immunities and Exemptions) Act, 1991:
The assessee's counsel argued that the gift of Rs. 12,80,000 received from Shri Sudhir Gupta was genuine and covered by immunity under the Remittances of Foreign Exchange and Investment in Foreign Exchange Bonds (Immunities and Exemptions) Act, 1991. The Tribunal found that the gift was received through banking channels from an NRE account, and the identity and capacity of the donor were established. The Tribunal also noted that the gift was received before the specified date of 1st April 1992, making it eligible for immunity. The Tribunal held that the addition of Rs. 12,80,000 as unexplained income was unjustified and directed its deletion.

4. Trading addition:
The AO made a trading addition of Rs. 16,34,429, which the learned CIT(A) partially deleted, sustaining an addition of Rs. 3,48,629. The Tribunal found that the sales, opening stock, closing stock, and purchases were properly accounted for, and there was no basis for disturbing the profit rate. The Tribunal held that the defects in the accounts were not serious enough to warrant any addition and deleted the sustained addition of Rs. 3,48,629.

5. Unexplained cash credit:
The AO added Rs. 2,75,000 as unexplained cash credit, which the learned CIT(A) deleted after verifying the cash book and finding that the withdrawals were duly recorded and returned to the business. The Tribunal upheld the deletion, finding no infirmity in the learned CIT(A)'s order.

Conclusion:
The Tribunal concluded by dismissing the Revenue's appeal and allowing both appeals filed by the assessee. The protective and substantive additions made in the hands of Master Abhinav Malhotra and Shri Deepak Malhotra, respectively, were deleted, and the trading addition and unexplained cash credit were also set aside.

 

 

 

 

Quick Updates:Latest Updates