2025 (1) TMI 506 - AT - Income Tax

Reopening of assessment - Unexplained investment u/s 69 - HELD THAT - No reason is indicated in the assessment order and/or in the impugned first appellate order as to why the explanation of the assessee is not being accepted. Mere investment with M/s Wasankar Group by itself is no reason to derive belief for escapement of income as has been concluded in the reasons recorded for issue of notice u/s 148. The addition made in the assessment is unjustified and unsustainable considering the fact and evidence on record. The details of withdrawals and bank account for the past four years are placed on record. Withdrawal during the year under consideration itself and earlier year is around ₹ 25 lakh. The assessee has given reasonable explanation along with documentary evidence to explain the cash given to M/s. Wasankar Group. Thus, we are of the opinion that ₹ 15.50 lakh stands reasonably explained by the assessee considering withdrawals from the bank account and documentary evidences placed on record. Notice issued under section 148 - We find that the AO had issued notice under section 148 of the Act on mere information of deposit of cash with M/s. Wasankar Group. No verification has been made by the Assessing Officer before issuance of such notice to derive belief of escapement of income. In our opinion, no valid notice under section 148 of the Act can be issued on the basis of mere information of amount given to M/s. Wasankar Group, without verification as to the assessee not having source to explain the cash deposit. Reasons recorded for issuance of notice under section 148 of the Act are not in accordance with law and consequent notice is held to be suspicion. In our opinion, no valid belief of escapement of income is derived in the assessee s case to issue notice under section 148 of the Act. Assessee appeal allowed.

1. ISSUES PRESENTED and CONSIDERED

The legal judgment primarily addressed the following issues:

Whether the notice issued under Section 148 of the Income Tax Act, 1961, was valid and lawful.
Whether the addition of Rs. 13 lakhs as unexplained investment, sustained by the Commissioner of Income Tax (Appeals) [CIT(A)], was justified.
Whether the assessee was liable to pay interest under Sections 234A and 234B of the Income Tax Act, 1961.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Validity of Notice under Section 148

Relevant Legal Framework and Precedents: Section 148 of the Income Tax Act allows for the reopening of assessments if there is reason to believe that income has escaped assessment. The Supreme Court in CIT v/s Smt P.K. Noorjahan emphasized that the mere suspicion of income escapement does not justify the issuance of a notice under Section 148 without proper verification.
Court's Interpretation and Reasoning: The tribunal found that the Assessing Officer issued the notice based solely on information regarding a cash deposit with M/s Wasankar Group, without prior verification to substantiate the belief of income escapement.
Key Evidence and Findings: The tribunal noted the absence of any verification or evidence indicating that the assessee lacked the source to explain the cash deposit.
Application of Law to Facts: The tribunal concluded that the notice was issued based on suspicion rather than a valid belief of income escapement, rendering it invalid.
Treatment of Competing Arguments: The tribunal considered the arguments of the learned Departmental Representative but found them unsupported by evidence or verification.
Conclusions: The tribunal held that the notice under Section 148 was not valid, allowing the related grounds of appeal.

Issue 2: Addition of Rs. 13 Lakhs as Unexplained Investment

Relevant Legal Framework and Precedents: Section 69 of the Income Tax Act pertains to unexplained investments, allowing additions to income if the source of investment is not satisfactorily explained. The Supreme Court in CIT v/s Bokaro Steel Ltd. and CIT v/s Excel Industries Ltd. highlighted the principle of assessing real income rather than deemed income.
Court's Interpretation and Reasoning: The tribunal observed that the assessee provided reasonable explanations and documentary evidence for the cash withdrawals used for investment with M/s Wasankar Group.
Key Evidence and Findings: The tribunal noted the documentation of bank withdrawals amounting to Rs. 25 lakh over the relevant period, supporting the assessee's explanation.
Application of Law to Facts: The tribunal applied the principle of assessing real income, recognizing that the investment was lost entirely and thus could not be deemed as income.
Treatment of Competing Arguments: The tribunal considered the CIT(A)'s reasoning but found it insufficient to justify the addition, given the evidence and legal principles.
Conclusions: The tribunal directed the deletion of the Rs. 13 lakh addition, allowing the related grounds of appeal.

Issue 3: Liability to Pay Interest under Sections 234A and 234B

Relevant Legal Framework and Precedents: Sections 234A and 234B of the Income Tax Act impose interest for defaults in furnishing returns and payment of advance tax, respectively.
Court's Interpretation and Reasoning: The tribunal did not explicitly address the interest liability, focusing instead on the primary issues of notice validity and unexplained investment.
Key Evidence and Findings: Not specifically addressed in the judgment.
Application of Law to Facts: Not specifically addressed in the judgment.
Treatment of Competing Arguments: Not specifically addressed in the judgment.
Conclusions: The tribunal's decision to allow the appeal implies that interest liability may not be applicable, given the resolution of the primary issues.

3. SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning: "No valid notice under section 148 of the Act can be issued on the basis of mere information of amount given to M/s. Wasankar Group, without verification as to the assessee not having source to explain the cash deposit."
Core principles established: The tribunal reinforced the necessity of verification before issuing a notice under Section 148 and upheld the principle of assessing real income rather than deemed income.
Final determinations on each issue: The tribunal invalidated the notice under Section 148 and deleted the Rs. 13 lakh addition as unexplained investment, allowing the assessee's appeal.

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