2002 (12) TMI 217 - AT - Income Tax

Summary

Issues Involved:
1. Validity of the belated return filed by the assessee.
2. Determination of undisclosed income.
3. Depreciation on trucks.
4. Unabsorbed depreciation and its adjustment.
5. Pro-rata depreciation for a broken period.
6. Claims of expenses related to truck trips, truck expenses, and administration expenses.
7. Claim of interest on truck loans and business funds.
8. Credit on account of advance tax/tax deducted at source.
9. Computation of income for the previous year ending 31st March 1996 and the broken period.
10. Addition of cash found during the search.
11. Addition of the value of jewellery and silver found during the search.
12. Addition of share profit from various firms.
13. Addition on account of household expenses.
14. Addition of credits appearing in the capital account of the assessee.
15. Addition of credits in the savings bank account.
16. Addition on account of the value of stock of wooden logs.
17. Addition on account of investment in equity shares in Bafna Investment and Financial Services (P.) Ltd.
18. Addition on account of estimated marriage expenses.
19. Additions based on various loose papers found during the search.
20. Addition of investments in shares and estimation of dividend.
21. Relief under Chapters VIA and VII of the Act.
22. Addition on account of profit on the sale of shares.
23. Addition on account of investment in shares by Swati G. Bafna.
24. Addition of dividend estimated on shares owned by Swati G. Bafna.
25. Addition based on share transactions through Kalpataru Holdings/Parag Parakh.
26. Addition on account of investment in property purchased at Ambegaon.

Detailed Analysis:

1. Validity of the Belated Return:
The Tribunal held that the belated return filed by the assessee was valid in law. The Assessing Officer was directed to take cognizance of the entire return and its accompaniments regarding the computation of income.

2. Determination of Undisclosed Income:
The assessee contended that the undisclosed income should have been assessed at Rs. 36,21,770 as admitted by him, instead of Rs. 2,93,78,183 computed by the Assessing Officer. This ground was to be read along with other grounds and did not call for any specific comment.

3. Depreciation on Trucks:
The Tribunal directed the Assessing Officer to allow depreciation on each truck acquired in the previous year on the actual cost to the assessee, and in the case of trucks acquired before the previous year, the actual cost to the assessee less the depreciation actually allowed under the Act.

4. Unabsorbed Depreciation and Its Adjustment:
The Tribunal set aside the order of the Assessing Officer and directed him to determine the profits and losses on account of unabsorbed depreciation for each previous year without setting off unabsorbed depreciation of earlier years. The income or loss so determined should be aggregated as per section 158BB for computing undisclosed income.

5. Pro-rata Depreciation for a Broken Period:
The Tribunal directed the Assessing Officer to allow depreciation at the rate of 50 percent of the allowable depreciation for the broken period.

6. Claims of Expenses Related to Truck Trips, Truck Expenses, and Administration Expenses:
The Tribunal restored this issue to the file of the Assessing Officer with the direction to consider the return filed by the assessee and give an opportunity to explain the nature and extent of such expenses.

7. Claim of Interest on Truck Loans and Business Funds:
The Tribunal held that the item of interest is a permissible outgoing and fully allowable business expenditure. The Assessing Officer was directed to verify the assessee's claim regarding interest with supporting data.

8. Credit on Account of Advance Tax/Tax Deducted at Source:
The Tribunal rejected the assessee's request for credit of advance tax.

9. Computation of Income for the Previous Year Ending 31st March 1996 and the Broken Period:
The Tribunal directed the Assessing Officer to compute the income based on the books of account as per section 158BB(1)(d).

10. Addition of Cash Found During the Search:
The Tribunal directed the Assessing Officer to verify the cash balances of various Bafna group members and if it is found that cash balances are much more than the cash found, the addition of Rs. 50,000 in the case of the assessee may be deleted.

11. Addition of the Value of Jewellery and Silver Found During the Search:
The Tribunal restored this issue to the file of the Assessing Officer to re-adjudicate upon the same after giving an opportunity of being heard to the assessee.

12. Addition of Share Profit from Various Firms:
The Tribunal deleted the entire share profit of the various firms for the assessment years 1987-88 to 1992-93 as these could not be considered as undisclosed income of the assessee.

13. Addition on Account of Household Expenses:
The Tribunal directed the Assessing Officer to verify the figures of withdrawals shown by the assessee and family members and subject to verification, the addition proposed may be deleted.

14. Addition of Credits Appearing in the Capital Account of the Assessee:
The Tribunal directed the Assessing Officer to verify the details of the credits and re-adjudicate upon the issue after giving an opportunity of being heard to the assessee.

15. Addition of Credits in the Savings Bank Account:
The Tribunal set aside the order of the Assessing Officer and restored the issue to his file with the direction to go through the details and re-adjudicate upon the issue.

16. Addition on Account of the Value of Stock of Wooden Logs:
The Tribunal directed the Assessing Officer to verify the facts regarding the payment for wooden logs and re-adjudicate upon the issue.

17. Addition on Account of Investment in Equity Shares in Bafna Investment and Financial Services (P.) Ltd.:
The Tribunal restored this issue to the file of the Assessing Officer to verify the details of the investment and re-adjudicate upon the issue.

18. Addition on Account of Estimated Marriage Expenses:
The Tribunal directed the Assessing Officer to verify the withdrawals for marriage expenses and re-adjudicate upon the issue. The addition for the marriage of Rajendra G. Bafna was retained as fair and reasonable.

19. Additions Based on Various Loose Papers Found During the Search:
The Tribunal restored this issue to the file of the Assessing Officer to go through the detailed submissions and re-adjudicate upon the issue.

20. Addition of Investments in Shares and Estimation of Dividend:
The Tribunal restored this issue to the file of the Assessing Officer for verification of the charts filed and re-adjudicate upon the issue.

21. Relief Under Chapters VIA and VII of the Act:
The Tribunal directed the Assessing Officer to give relief under Chapters VIA and VII after verification.

22. Addition on Account of Profit on the Sale of Shares:
The Tribunal restored this issue to the file of the Assessing Officer to examine the matter in light of the submissions made by the assessee.

23. Addition on Account of Investment in Shares by Swati G. Bafna:
The Tribunal restored this issue to the file of the Assessing Officer to re-adjudicate upon the issue.

24. Addition of Dividend Estimated on Shares Owned by Swati G. Bafna:
The Tribunal restored this issue to the file of the Assessing Officer with similar directions as given for ground No. 4(k).

25. Addition Based on Share Transactions Through Kalpataru Holdings/Parag Parakh:
The Tribunal restored this issue to the file of the Assessing Officer to re-adjudicate upon the issue.

26. Addition on Account of Investment in Property Purchased at Ambegaon:
The Tribunal deleted the additions made by the Assessing Officer as there was no material found during the search indicating any additional investment over and above what was shown in the agreement.

Conclusion:
The Tribunal allowed the appeal in part, setting aside the order of the Assessing Officer on various grounds and restoring several issues to the file of the Assessing Officer for fresh adjudication after giving an opportunity of being heard to the assessee. The Tribunal emphasized the importance of considering the belated return filed by the assessee and directed the Assessing Officer to re-evaluate the issues in light of the submissions and evidence provided.