2009 (12) TMI 373 - HC - Income Tax

Search and Seizure- A block assessment was made on the assessee for the period of 10 years. The assessment included Rs. 65 lakhs being the consideration received by the assessee from a firm of which he was previously a partner for the purchase and sale of a theatre building with land thereon. The assessee s claim of a claim of a foreign gift of Rs. 2 lakhs received by him was disallowed. In the appeal against the block assessment, the Tribunal confirm the assessment of Rs. 65 lakhs but turn down the department s claim for assessment of the foreign gift amount of Rs. 2 lakh. Held that- the addition of Rs. 65 lakhs was justified. Further held that as the assessee produced evidence to convince the Tribunal that the gift of Rs. 2 lakh involved was a foreign gift and not his income. Thus the Tribunal was justified in deleting the addition.

Summary

Issues:
Block assessment of the assessee including consideration received from a firm for the purchase and sale of a theatre building with land, disallowance of the assessee's claim for a foreign gift of Rs. 2 lakhs.

Analysis:
The judgment pertains to connected reference cases arising from the block assessment of the assessee for a ten-year period following a search conducted on the assessee's premises. The block assessment included Rs. 65 lakhs, which was the consideration received by the assessee from a firm for the purchase and sale of a theatre building with land. Additionally, the assessee's claim for a foreign gift of Rs. 2 lakhs was disallowed during the assessment. The Tribunal confirmed the assessment of Rs. 65 lakhs but rejected the Department's claim for the assessment of the foreign gift amount. The question referred in the assessee's case was against the assessment of Rs. 65 lakhs, while in the Revenue's reference, the question referred was regarding the Tribunal's order granting exemption on the foreign gift of Rs. 2 lakhs.

The Court analyzed the evidence and orders on record and found that the Tribunal's decision to assess Rs. 65 lakhs was based on proper and convincing evidence. The managing partner of the firm involved confirmed that the assessee received Rs. 65 lakhs for the sale of land, and detailed the process of partnership formation and the assessee's subsequent retirement from the firm. Other partners of the firm also corroborated the payment of Rs. 65 lakhs to the assessee, which was reflected in the firm's balance sheet and block return. The Court concluded that the Tribunal's finding was well-supported by evidence, ruling in favor of the Revenue and against the assessee on this issue.

Regarding the foreign gift of Rs. 2 lakhs, the Court found that the assessee provided evidence to establish that it was indeed a foreign gift and not part of his income. Consequently, the Court answered the question referred in the Revenue's case against the Revenue and in favor of the assessee. The judgment directed the forwarding of a copy to the Income-tax Appellate Tribunal, Cochin Bench, Cochin for further action.