2000 (1) TMI 170 - AT - Income Tax

Block Assessment in search case, Computation Of Undisclosed Income Of Block Period, Appellate Tribunal, Procedure Before

Issues Involved:
1. Validity of the order under section 158BC.
2. Addition of Rs. 58,59,210 for undisclosed income from land sales.
3. Addition of Rs. 5,86,220 for purchase of plots.
4. Addition of Rs. 43,200 for salary to employees.
5. Addition of Rs. 25,000 for telephone charges.
6. Addition of Rs. 15,43,000 for payments for land purchases.
7. Addition of Rs. 7,14,934 for suppressed sales.
8. Disallowance of Rs. 47,998 for salary based on registers.
9. Addition of Rs. 59,272 for gross profit.
10. Addition of Rs. 5,00,000 for children's education expenses.
11. Addition of Rs. 5,00,000 for marriage expenses.
12. Addition of Rs. 14,47,453 for cash seized.
13. Addition of Rs. 3,38,685 for flat investment.
14. Addition of Rs. 4,40,000 for investments by family members.
15. Addition of Rs. 8,00,000 for advances to landowners.
16. Addition of Rs. 5,00,000 for advance to landowners.
17. Addition of Rs. 2,00,000 for investment in closing stock.
18. Addition of Rs. 11,680 for unaccounted money from plot sale.
19. Addition of Rs. 2,000 for sale proceeds beyond block period.
20. Addition of Rs. 6,25,000 for FDRs by Hede family.
21. Addition of Rs. 2,00,000 for deposits with Sugar Mill.
22. Addition of Rs. 1,10,550 for gold ornaments.
23. Addition of Rs. 2,25,000 for Shankaranand Lodge.
24. Addition of Rs. 2,95,000 for Vawdekar Sadan.
25. Addition of Rs. 6,15,000 for house construction.
26. Addition of Rs. 10,30,840 for land cost, furniture, etc.
27. Addition of Rs. 21,67,240 for contravention of section 40A(3).
28. Addition of Rs. 4,91,120 for agricultural income.
29. Addition of Rs. 1,68,725 for cost of agricultural land.
30. Addition of Rs. 29,366 for creditors of wine shop.
31. Addition of Rs. 23,141 for excess cash.
32. Addition of Rs. 500 for bank interest on HUF account.
33. Additional ground for Rs. 3,10,000 for excess closing stock of plot.

Issue-wise Detailed Analysis:

1. Validity of the Order under Section 158BC:
- The order under section 158BC of the Act was challenged for being ab initio bad in law. However, this ground was not pressed during the hearing and was dismissed.

2. Addition of Rs. 58,59,210 for Undisclosed Income from Land Sales:
- The Assessing Officer noted that the assessee understated the sale price on stamp paper and evaded stamp duty. The unaccounted consideration was extracted from Bharna Register Nos. 89, 90, 91, and other seized material. The average rate method was used to calculate the unaccounted consideration. The Tribunal found that the seized material was not the complete record of unaccounted transactions and upheld the estimation of undisclosed income. The matter was restored to the Assessing Officer for fresh adjudication based on the directions given.

3. Addition of Rs. 5,86,220 for Purchase of Plots:
- The addition was made by applying the average rate method. The Tribunal found that the investment in Gat No. 46 was for purchase and not for sale. The addition was deleted.

4. Addition of Rs. 43,200 for Salary to Employees:
- The addition was based on the statement of the Manager of Kailash Lodge. The Tribunal found that the Assessing Officer did not verify the position from the Pagar Patrak Registers. The addition was deleted.

5. Addition of Rs. 25,000 for Telephone Charges:
- The addition was made on pure estimate. The Tribunal found that the estimate was highly excessive. A partial addition of Rs. 5,000 was confirmed, and the balance was deleted.

6. Addition of Rs. 15,43,000 for Payments for Land Purchases:
- The payments were made by various members of the assessee's family and were recorded in the cash flow statements. The Tribunal found that the payments were explained and deleted the addition.

7. Addition of Rs. 7,14,934 for Suppressed Sales:
- The addition was based on the scrutiny of books of M/s. K.M. Khopade and Co. The Tribunal found that no opportunity was given to the assessee to reconcile the figures and restored the issue to the Assessing Officer for fresh adjudication.

8. Disallowance of Rs. 47,998 for Salary Based on Registers:
- The addition was based on Register Nos. 9, 10, and 11. The Tribunal found that no opportunity was given to the assessee to explain the facts and restored the matter to the Assessing Officer for fresh adjudication.

9. Addition of Rs. 59,272 for Gross Profit:
- The addition was incidental to the suppressed sales issue. The Tribunal restored the matter to the Assessing Officer for fresh adjudication.

10. Addition of Rs. 5,00,000 for Children's Education Expenses:
- The addition was made based on the assumption that substantial amounts were spent on children's education. The Tribunal found that the addition was made on assumption and presumption and deleted it.

11. Addition of Rs. 5,00,000 for Marriage Expenses:
- The addition was based on the estimation of marriage expenses. The Tribunal found that the estimate was excessive and reduced the addition to Rs. 35,090.

12. Addition of Rs. 14,47,453 for Cash Seized:
- The addition was made for cash found during the search. The Tribunal found that the amounts were explained and deleted the addition.

13. Addition of Rs. 3,38,685 for Flat Investment:
- The addition was made for unexplained investment in a flat. The Tribunal found that the investment was explained and deleted the addition.

14. Addition of Rs. 4,40,000 for Investments by Family Members:
- The addition was made on protective basis for investments by family members. The Tribunal found that the investments were explained and deleted the addition.

15. Addition of Rs. 8,00,000 for Advances to Landowners:
- The addition was made based on the disclosure by the assessee. The Tribunal found that the amount was part of the total unaccounted debtors and deleted the addition.

16. Addition of Rs. 5,00,000 for Advance to Landowners:
- The addition was made based on the disclosure by the assessee. The Tribunal found that the addition was made on a vague basis and deleted it.

17. Addition of Rs. 2,00,000 for Investment in Closing Stock:
- The addition was made based on the disclosure by the assessee. The Tribunal found that the excess cash received was already taxed and deleted the addition.

18. Addition of Rs. 11,680 for Unaccounted Money from Plot Sale:
- The addition was made for unaccounted money from plot sale. The Tribunal found that the transaction belonged to the assessee's son and deleted the addition.

19. Addition of Rs. 2,000 for Sale Proceeds Beyond Block Period:
- The addition was made for sale proceeds beyond the block period. The Tribunal found that the receipt was beyond the block period and deleted the addition.

20. Addition of Rs. 6,25,000 for FDRs by Hede Family:
- The addition was made for FDRs in the name of Hede family members. The Tribunal found that the FDRs belonged to Hede family and deleted the addition.

21. Addition of Rs. 2,00,000 for Deposits with Sugar Mill:
- The addition was made for deposits with Sindkheda Taluka Sahakari Karkhana Ltd. The Tribunal found that the deposits were explained and deleted the addition.

22. Addition of Rs. 1,10,550 for Gold Ornaments:
- The addition was made for gold ornaments found during the search. The Tribunal found that the jewellery was inherited and deleted the addition.

23. Addition of Rs. 2,25,000 for Shankaranand Lodge:
- The addition was made for unexplained investment in Shankaranand Lodge. The Tribunal restored the issue to the Assessing Officer for verification.

24. Addition of Rs. 2,95,000 for Vawdekar Sadan:
- The addition was made for unexplained investment in Vawdekar Sadan. The Tribunal restored the issue to the Assessing Officer for verification.

25. Addition of Rs. 6,15,000 for House Construction:
- The addition was made for unexplained investment in house construction. The Tribunal restored the issue to the Assessing Officer for verification.

26. Addition of Rs. 10,30,840 for Land Cost, Furniture, etc.:
- The addition was made for unexplained investment in land cost, furniture, etc. The Tribunal restored the issue to the Assessing Officer for verification.

27. Addition of Rs. 21,67,240 for Contravention of Section 40A(3):
- The addition was made for cash payments exceeding Rs. 10,000. The Tribunal found that such disallowance cannot be considered as undisclosed income and deleted the addition.

28. Addition of Rs. 4,91,120 for Agricultural Income:
- The addition was made for the difference between the old return and revised block assessment return. The Tribunal found that the addition was not justified and deleted it.

29. Addition of Rs. 1,68,725 for Cost of Agricultural Land:
- The addition was made for the cost of agricultural land. The Tribunal restored the issue to the Assessing Officer for verification.

30. Addition of Rs. 29,366 for Creditors of Wine Shop:
- The addition was made for the difference in the account of Soni Traders. The Tribunal restored the issue to the Assessing Officer for verification.

31. Addition of Rs. 23,141 for Excess Cash:
- The addition was made for excess cash found during the search. The Tribunal found that no such cash was found and deleted the addition.

32. Addition of Rs. 500 for Bank Interest on HUF Account:
- The addition was made for bank interest on HUF account. The Tribunal found that the status of HUF was accepted and deleted the addition.

33. Additional Ground for Rs. 3,10,000 for Excess Closing Stock of Plot:
- The addition was made for excess closing stock of plot. The Tribunal found that the addition was not justified and deleted it.

Conclusion:
The Tribunal allowed the appeal in part, upholding some additions while deleting others. The matter regarding the computation of undisclosed income on the sale of land was restored to the Assessing Officer for fresh adjudication based on the directions given.

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