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2010 (10) TMI 77 - HC - Income TaxIncome from undisclosed sources(under Section 68 of the Act) - revenue had already accepted the amount as income of the respondent-assessee in the earlier year - Held that - sale proceeds of shares in respect of which income has already been assessed by the revenue in preceding year then the said amount cannot be assessed in the year under consideration simply on the ground that it was received in the year under consideration - appeal is dismissed
Issues:
Challenge to order of Income Tax Appellate Tribunal regarding addition of income from undisclosed sources under Section 68 of Income Tax Act, 1961 for Assessment Year 2001-2002. Analysis: The appeal filed under Section 260A of the Income Tax Act, 1961 contested the Income Tax Appellate Tribunal's order dated 25th September, 2009 in ITA No. 1493/Del/2008 for the Assessment Year 2001-2002. The revenue contended that the Tribunal erred in law by deleting the addition of Rs. 30,47,601/- made by the Assessing Officer on account of income from undisclosed sources, asserting that the respondent-assessee failed to discharge the primary onus. Upon examination, it was revealed that the amount in question was a brought forward balance and did not pertain to the relevant year. Additionally, the revenue had previously acknowledged this amount as the income of the respondent-assessee in an earlier year. The Tribunal's order highlighted that the sum outstanding in the books of the assessee represented income from the sale of shares, which had already been disclosed in the previous year. The Tribunal emphasized that if the amount represented sale proceeds of shares already assessed in the preceding year, it cannot be added to the income of the current year merely because it was received in that year. Based on the factual findings by the final fact-finding authority, it was concluded that the addition made by the Assessing Officer was unjustified and unsustainable. Consequently, the High Court dismissed the appeal, upholding the decision to delete the impugned addition.
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