2024 (5) TMI 1121 - AT - Income Tax

Addition made on the basis of the cash received for termination of agreement of purchase of the property - Addition of business expenses related to disputed agreements - rejection of the assessee s claim that the ld. CIT(A) had not considered the evidence duly filed by the assessee during assessment and appeal hearing - HELD THAT - An agreement of sale of property the property is not transferred. The property and all other documents should be transferred at the time of registration subject to completion of all pecuniary activities. There is a reasonable ground that assessee had failed to pay Rs. 20 lacs to the party. So the agreement is terminated and cash was refunded. So the source of cash is well established. Related to addition of investment in property amount to Rs. 1, 57, 51, 042/-. The registered deed is duly annexed with the submission. DR had not made any objection and Mr. Ahmed Noor made investment of his share in the property. This amount cannot be taken in the hands of the assessee in presence of the primary evidence registered deed. Related to expenses amount to Rs. 19, 75, 000.- the assessee deducted expenses from income this amount is fully related to this business and the addition should be deleted. Accordingly ground nos. 3 (a) (b) and (c) of the assessee are allowed

Issues Involved:
1. Validity of the CIT(A)'s order.
2. Legitimacy of the assessment order under section 143(3)/144.
3. Confirmation of additions totaling Rs. 2,07,82,092.
4. Adequate opportunity of being heard.
5. Levy of interest under sections 234A, 234B, and 234C.

Issue-Wise Detailed Analysis:

1. Validity of the CIT(A)'s Order:
The appellant contended that the order dated 12.12.2017 passed by the CIT(A) was "perverse, arbitrary and is bad in law." The Tribunal examined whether the CIT(A) had erred in upholding the assessment order and whether the order was passed without granting adequate opportunity of being heard. The Tribunal noted that the appellant was not maintaining books of account at the time of the search and prepared books only afterward. The Tribunal found that the CIT(A) had summarily rejected the explanations and books without proper examination or further inquiry.

2. Legitimacy of the Assessment Order under Section 143(3)/144:
The appellant challenged the assessment order dated 19.03.2015 passed by the AO under sections 143(3)/144 of the Act. The Tribunal scrutinized the basis for the AO's reliance on the facts that the appellant had not maintained books of account until the search and had prepared them only afterward. The Tribunal concluded that the AO's rejection of the appellant's explanations and books was not justified.

3. Confirmation of Additions Totaling Rs. 2,07,82,092:
The Tribunal addressed the three specific additions:
- a) Rs. 30,56,050/- in respect of alleged cash payment to Shri Suresh Dangi for the purchase of property: The Tribunal found that the cash payment was made as per the sale agreement, which was substantive evidence. However, the Tribunal also considered the appellant's explanation that the agreement was terminated, and cash was refunded, establishing the source of cash.
- b) Rs. 1,57,51,042/- in respect of property purchased in joint ownership with Shri Ahmed Noor: The Tribunal noted the registered deed showing joint ownership and found no evidence to disprove the appellant's claim that Ahmed Noor paid his share. Thus, this amount could not be taken in the hands of the appellant.
- c) Rs. 19,75,000/- by disallowing the losses on agreements in disputes: The Tribunal accepted that the expenses were related to the business and should be allowed, given that the appellant's claim of total expenses was reasonable.

4. Adequate Opportunity of Being Heard:
The appellant argued that the CIT(A) passed the order without granting adequate opportunity of being heard. The Tribunal found that the CIT(A) had not properly considered the evidence filed by the appellant during the assessment and appeal hearings. The Tribunal emphasized the importance of allowing the appellant to present additional evidence in the interest of natural justice.

5. Levy of Interest under Sections 234A, 234B, and 234C:
The appellant contested the levy of interest under sections 234A, 234B, and 234C. The Tribunal did not specifically address this issue in the detailed analysis but allowed the appeal in favor of the appellant, implying that the interest levied would also be reconsidered.

Conclusion:
The Tribunal allowed the appeal of the assessee, bearing ITA No. 103/Jodh/2018, and pronounced the order on 05.01.2024. The Tribunal concluded that the additions made by the AO were not justified and that the CIT(A) had erred in upholding these additions without proper examination of the evidence. The Tribunal allowed the appellant's claims related to the cash payment to Shri Suresh Dangi, the joint ownership with Shri Ahmed Noor, and the business expenses. The Tribunal emphasized the importance of granting adequate opportunity of being heard and considering additional evidence in the interest of natural justice.

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