2003 (2) TMI 188 - AT - Income Tax

Issues Involved:
1. Validity of Belated Return
2. Undisclosed Income Assessment
3. Depreciation on Trucks
4. Unabsorbed Depreciation
5. Pro-rata Depreciation
6. Claims of Expenses
7. Interest Claims
8. Advance Tax/TDS Credit
9. Income Computation for Specific Periods
10. Cash, Jewellery, and Silver Seizure
11. Share Profit from Firms
12. Household Expenses
13. Credits in Capital Account
14. Credits in Savings Bank Account
15. Investment in Wooden Logs
16. Investment in Equity Shares
17. Marriage Expenses
18. Loose Papers and Seized Materials
19. Investment in Shares
20. Dividend Estimation
21. Relief under Chapters VI-A and VII
22. Profit on Sale of Shares
23. Investment in Shares by Family Members
24. Dividend on Shares by Family Members
25. Share Transactions through Brokers
26. Investment in Property
27. Shares Pledged with Citibank

Detailed Analysis:

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

2. Undisclosed Income Assessment:
The assessee's contention that the undisclosed income should have been assessed at Rs. 36,21,770 instead of Rs. 2,93,78,183 was noted but did not call for specific comments as it was general and related to various additions made.

3. Depreciation on Trucks:
The Tribunal set aside the AO's orders and directed the AO to allow depreciation based on the actual cost of trucks to the assessee, considering the depreciation already allowed under the Act.

4. Unabsorbed Depreciation:
The Tribunal directed the AO to determine profits and losses on account of unabsorbed depreciation without setting off unabsorbed depreciation of earlier years and aggregate the income or loss as per section 158BB.

5. Pro-rata Depreciation:
The Tribunal directed the AO to allow depreciation at 50% of the allowable depreciation for the broken period.

6. Claims of Expenses:
The Tribunal restored the issue to the AO to consider the return filed by the assessee and allow the assessee to explain the nature and extent of expenses before readjudicating the issue.

7. Interest Claims:
The Tribunal held that interest is a permissible outgoing and fully allowable business expenditure. The AO was directed to verify the assessee's claim regarding interest with supporting data.

8. Advance Tax/TDS Credit:
The Tribunal rejected the assessee's request for credit of advance tax.

9. Income Computation for Specific Periods:
The Tribunal directed the AO to compute income based on books of account for the previous year ending on 31st March, 1996, and the broken period up to 12th Sept., 1996, as per section 158BB(1)(d).

10. Cash, Jewellery, and Silver Seizure:
The Tribunal directed the AO to verify the cash balances of various Bafna group members and consider the entire family's jewellery and silver as a whole before making any additions.

11. Share Profit from Firms:
The Tribunal held that the share profit from various firms for the assessment years 1987-88 to 1992-93 could not be considered undisclosed income as the returns were regularly filed and on record before the search.

12. Household Expenses:
The Tribunal directed the AO to verify the figures of withdrawals shown by the assessee for household expenses and delete the addition if the withdrawals were found to be correct.

13. Credits in Capital Account:
The Tribunal directed the AO to verify the details of credits in the capital account filed before the CIT and readjudicate the issue after giving the assessee an opportunity to be heard.

14. Credits in Savings Bank Account:
The Tribunal restored the issue to the AO to verify the details of credits in the savings bank account and readjudicate the issue after giving the assessee an opportunity to be heard.

15. Investment in Wooden Logs:
The Tribunal directed the AO to verify the payments made for the purchase of wooden logs from the books of account and readjudicate the issue after giving the assessee an opportunity to be heard.

16. Investment in Equity Shares:
The Tribunal directed the AO to verify the source of investment in shares and readjudicate the issue after giving the assessee an opportunity to be heard.

17. Marriage Expenses:
The Tribunal directed the AO to verify the withdrawals made for marriage expenses and readjudicate the issue. The addition for the marriage of Rajendra G. Bafna was retained as fair and reasonable.

18. Loose Papers and Seized Materials:
The Tribunal restored the issue to the AO to go through the detailed submissions and readjudicate the issue after giving the assessee an opportunity to be heard.

19. Investment in Shares:
The Tribunal directed the AO to verify the charts filed regarding investment in shares and readjudicate the issue after giving the assessee an opportunity to be heard.

20. Dividend Estimation:
The Tribunal directed the AO to add only the dividend actually declared by the respective company in the hands of the respective persons in the group.

21. Relief under Chapters VI-A and VII:
The Tribunal directed the AO to give relief under Chapters VI-A and VII after verification, as per the Tribunal's decision in Control Touch Electronics (Pune) (P) Ltd. vs. Asstt. CIT.

22. Profit on Sale of Shares:
The Tribunal restored the issue to the AO to examine the profit on sale of shares in light of the submissions made by the assessee and readjudicate the issue.

23. Investment in Shares by Family Members:
The Tribunal restored the issue to the AO to verify the investment in shares by Swati G. Bafna and readjudicate the issue.

24. Dividend on Shares by Family Members:
The Tribunal directed the AO to add only the dividend actually declared by the respective company in the hands of the respective persons in the group.

25. Share Transactions through Brokers:
The Tribunal restored the issue to the AO to verify the share transactions made through brokers and readjudicate the issue.

26. Investment in Property:
The Tribunal deleted the additions made on account of investment in property at Ambegaon as there was no material found during the search indicating any additional investment over and above the price recorded in the purchase deeds.

27. Shares Pledged with Citibank:
The Tribunal restored the issue to the AO to follow the directions of the CIT and obtain details of the cost of acquisition of shares pledged with Citibank for rectificatory proceedings.

Conclusion:
The Tribunal's decision involved setting aside many issues to the AO for fresh adjudication after proper verification and providing the assessee an opportunity to be heard. The Tribunal emphasized the importance of considering the belated return filed by the assessee and directed the AO to follow the due procedure and principles of natural justice in reassessing the income and related issues.

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