2025 (1) TMI 871 - AT - Income Tax

Unexplained money u/s. 69A r.w.s. 115BBE - unexplained nature of bank deposits - HELD THAT - AO himself has categorically mentioned that the assessee has filed copy of fixed deposit summary, copy of bank accounts statements with the HDFC and SBI, copy of investment in time deposit HDFC and copy of SBI life Insurance company and in fact the first remand report has also been reproduced and in the remark column related to the transactions where the assessee has explained the source of the funds. AO has filed bank statements of various accounts and has also given the details of fixed deposits held by SBI and summarized explanation of credit and debit entries in his NRE/NRI held by SBI and HDFC bank. From the remark column thereon it can be seen that only one entry of 63,133/- was not explained but the rest of the entries and the transactions were totally explained and verified by the Assessing Officer. Once, the assessee has submitted all the credit entries along with debit entries and also that of the submission of employment verification letter, doubting the genuinely of the said documents without any basis is not justifiable on the part of the Assessing Officer as well as by the DRP. AO as well as CIT(A) except the entry of 63,133/- should not have made addition u/s. 69A as unexplained money because the assessee has explained all the details of rest of the entries - Decided in favour of assessee partly.

1. ISSUES PRESENTED and CONSIDERED

The legal judgment addresses several core issues:

Whether the Assessing Officer (A.O.) had jurisdiction to pass the order under section 144C of the Income Tax Act for the assessment year 2018-19.
Whether the assessee qualifies as an eligible assessee under section 144C for the assessment year in question.
The validity of the reassessment proceedings initiated by the Jurisdictional A.O. under sections 148A and 148.
The correctness of the additions made under section 69A regarding unexplained money in bank deposits.
The applicability of section 115BBE concerning the explained nature of bank deposits.
The imposition of interest under sections 234-A, 234-B, and 234-F.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Jurisdiction under Section 144C

Legal Framework: Section 144C pertains to the jurisdiction of the A.O. in issuing draft assessment orders. The provision applies to eligible assessees, primarily non-residents, with certain conditions.
Court's Interpretation: The court evaluated whether the A.O. correctly assumed jurisdiction under this section for the assessment year 2018-19.
Key Evidence and Findings: The assessee contested the jurisdiction, arguing that the provision was not applicable for the year in question.
Application of Law to Facts: The court examined the applicability of section 144C to the assessment year and the eligibility of the assessee.
Treatment of Competing Arguments: The assessee's argument centered on the inapplicability of the provision for the year, while the Revenue maintained its applicability.
Conclusions: The court found that the A.O. lacked jurisdiction under section 144C for the assessment year 2018-19.

Issue 2: Reassessment Proceedings under Sections 148A and 148

Legal Framework: Sections 148A and 148 pertain to the initiation of reassessment proceedings based on new information or evidence.
Court's Interpretation: The court considered the validity of the reassessment proceedings initiated by the A.O.
Key Evidence and Findings: The reassessment was based on financial transactions identified by the Revenue.
Application of Law to Facts: The court analyzed whether the reassessment proceedings were validly initiated.
Treatment of Competing Arguments: The assessee argued against the validity of the proceedings, while the Revenue justified them based on new evidence.
Conclusions: The court upheld the validity of the reassessment proceedings.

Issue 3: Additions under Section 69A

Legal Framework: Section 69A deals with unexplained money, requiring the assessee to satisfactorily explain the nature and source of such money.
Court's Interpretation: The court scrutinized the A.O.'s decision to add Rs. 2,28,14,293 as unexplained money.
Key Evidence and Findings: The assessee provided evidence of bank deposits and their sources, which were partially ignored by the A.O. and DRP.
Application of Law to Facts: The court evaluated the evidence provided and the A.O.'s assessment of the same.
Treatment of Competing Arguments: The assessee argued that the deposits were explained, while the Revenue claimed inadequate explanation.
Conclusions: The court concluded that except for an entry of Rs. 63,133, the rest of the deposits were satisfactorily explained, and the addition under section 69A was unjustified.

Issue 4: Applicability of Section 115BBE

Legal Framework: Section 115BBE pertains to the tax rate applicable on unexplained income.
Court's Interpretation: The court assessed whether this section applied to the explained nature of bank deposits.
Key Evidence and Findings: The deposits were largely explained, questioning the applicability of this section.
Application of Law to Facts: The court analyzed the applicability based on the explained nature of the deposits.
Treatment of Competing Arguments: The assessee contested the application, while the Revenue supported it based on unexplained income.
Conclusions: The court found section 115BBE inapplicable due to the satisfactory explanation of deposits.

Issue 5: Imposition of Interest under Sections 234-A, 234-B, and 234-F

Legal Framework: These sections relate to interest levied for defaults in furnishing returns, payment of advance tax, and other defaults.
Court's Interpretation: The court evaluated the appropriateness of the interest imposed.
Key Evidence and Findings: The interest was based on the unexplained additions, which were largely overturned.
Application of Law to Facts: The court considered the reduced unexplained income in assessing the interest.
Treatment of Competing Arguments: The assessee challenged the interest, while the Revenue justified it based on the additions.
Conclusions: The interest imposition was adjusted in light of the revised unexplained income.

3. SIGNIFICANT HOLDINGS

Preserved Quotes: "Once, the assessee has submitted all the credit entries along with debit entries and also that of the submission of employment verification letter, doubting the genuineness of the said documents without any basis is not justifiable."
Core Principles Established: The court reaffirmed the necessity of jurisdictional accuracy and the requirement for the Revenue to consider all evidence presented by the assessee.
Final Determinations: The appeal was partly allowed, with the court finding the addition of Rs. 2,28,14,293 under section 69A largely unjustified except for Rs. 63,133, and the applicability of section 115BBE and related interest was adjusted accordingly.

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