1995 (2) TMI 130 - AT - Income Tax

Assessing Officer Assessment Proceedings Legal Representative Regular Assessment Search And Seizure

Summary

Issues Involved:
1. Legality of the search proceedings and probative value of the material seized.
2. Validity of notice under section 148 and the legality of the assessment proceedings based on such notices.
3. General objections against observations made by the CIT(A) in his orders.
4. Additions on account of Handicraft business, Photo Service Business, and other specific additions.

Detailed Analysis:

1. Legality of the search proceedings and probative value of the material seized:
The assessee's counsel argued that the search and seizure were illegal because no authorization was obtained in the name of the deceased assessee, and the documents were not seized from his possession. The Departmental representative contended that the search and seizure were legal and the material could be used in assessment proceedings. The Tribunal observed that the legality and admissibility of evidence could be questioned in assessment proceedings, and the presumption under section 132(4A) is limited to summary proceedings. The Tribunal held that the seized material could be used in assessment proceedings if it was relevant and the assessee was given an opportunity to explain it. The Tribunal found no illegality in the search or the use of seized material against the deceased assessee.

2. Validity of notice under section 148 and the legality of the assessment proceedings based on such notices:
The assessee argued that the notices under section 148 were invalid as they were not issued to Smt. Geeta Devi in her representative capacity. The Departmental representative pointed out that the relevant material was forwarded to Smt. Geeta Devi, and she was required to explain the deceased's activities. The Tribunal found that the Assessing Officer had reasons to believe that income had escaped assessment and had followed the necessary procedures. The Tribunal held that the notices under section 148 and the subsequent assessment proceedings were valid and dismissed the objections.

3. General objections against observations made by the CIT(A) in his orders:
The assessee raised general objections against the CIT(A)'s observations, but no specific references were made during arguments. The Tribunal found no irrelevant or offending observations in the CIT(A)'s orders and dismissed the grounds related to this point.

4. Additions:
(a) On account of Handicraft business:
The Assessing Officer estimated the assessee's income from handicraft business based on seized material, but the CIT(A) found no satisfactory evidence of such business and set aside the issue for further inquiry. The Tribunal upheld the CIT(A)'s decision to remit the issue for further examination.

(b) On account of Photo Service Business:
The deceased assessee had income from Photo Service and brokerage. The Assessing Officer estimated higher incomes than returned, which were reduced by the CIT(A). The Tribunal found the CIT(A)'s estimation reasonable and dismissed the grounds related to this point.

(c) Other additions:
- A.Y. 1980-81:
- Deposits in Bank Rs. 77,500: The CIT(A) directed adding only the peak amount of Rs. 42,820. The Tribunal set aside the issue for reconsideration along with the handicraft business issue.
- Investment in plot purchased Rs. 20,000: The CIT(A) set aside the issue for further examination. The Tribunal declined to decide the issue finally.

- A.Y. 1981-82:
- Addition of Rs. 20,351: The Tribunal deleted the addition and remitted the issue for reconsideration along with the handicraft business issue.

- A.Y. 82-83:
- Deposits in Bank a/c Rs. 75,000: The Tribunal deleted the addition and remitted the issue for reconsideration along with the handicraft business issue.
- Addition of Rs. 18,526: The Tribunal upheld the addition due to lack of satisfactory evidence.
- Addition of Rs. 9501: The Tribunal upheld the addition due to lack of satisfactory explanation.

- A.Y. 83-84:
- Addition of Rs. 2826: The Tribunal upheld the addition as justified.

- A.Y. 84-85:
- Addition of Rs. 2826: The Tribunal upheld the addition as justified.

- A.Y. 85-86:
- Addition of Rs. 2826: The Tribunal upheld the addition as justified.
- Addition of Rs. 50,000: The Tribunal upheld the addition due to lack of reasonable explanation.

- A.Y. 87-88:
- Addition of Rs. 18,000: The Tribunal upheld the addition as justified based on seized material and supporting evidence.
- Addition of Rs. 50,000: The Tribunal upheld the CIT(A)'s decision to remit the issue for further examination.

Charge of interest under sections 139(8)/215 and 217:
The Tribunal directed the Assessing Officer to consider the chargeability of interest in light of the Taxation Laws (Amendment) Act, 1984, and the binding decision of the Jurisdictional High Court.

Conclusion:
The appeals were partly allowed for statistical purposes, with specific issues remitted for further examination and other additions upheld or dismissed based on the evidence and legal principles involved.