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2005 (1) TMI 23 - HC - Income TaxUnexplained Investment - Whether Tribunal was right in law in directing the AO to make additions of the value of 400 bags of HDPE powder as unexplained investment under section 69 of the Income-tax Act 1961 when the same is a part of the purchases and part of the closing stock recorded in the books of account maintained by the assessee and the nature and source of the investment has been duly explained by the assessee? - Tribunal could not have sustained addition of the value of 10 M.Ts. of HDPE powder when the nature and source of investment has been duly explained by the assessee - Tribunal was not justified in rejecting the explanation of the assessee and directing the Assessing Officer to add the value of 10 M.Ts. of HDPE as deemed income of the assessee
Issues Involved:
1. Whether the Income-tax Appellate Tribunal was right in law in directing the Assessing Officer to make additions of the value of 400 bags of HDPE powder as unexplained investment under section 69 of the Income-tax Act, 1961. Detailed Analysis: Issue 1: Addition of Value of 400 Bags of HDPE Powder as Unexplained Investment The core issue revolves around the legitimacy of the purchase of 50 M.Ts. of HDPE powder by the assessee from M/s. Gautam Trading Co. and the subsequent addition of the value of 400 bags (10 M.Ts.) of HDPE powder as unexplained investment under section 69 of the Income-tax Act, 1961. Background: - The assessee, a dealer in HDPE plastic powder, claimed to have purchased 50 M.Ts. of HDPE powder from M/s. Gautam Trading Co., with 10 M.Ts. (400 bags) remaining in the godown of M/s. Wak Bros at the time of a search by income-tax authorities. - The Assessing Officer questioned the genuineness of the transaction based on the statement of Mr. Bipinkumar B. Shah, proprietor of M/s. Gautam Trading Co., who denied dealing in plastic materials and disowned the bank account in which the cheques were deposited. Assessing Officer's Findings: - The Assessing Officer found discrepancies including a delay in claiming the goods, the opening of the bank account after the search, and the disowning of the bank account by Bipinkumar B. Shah. - Concluded that the transaction was a havala transaction and added Rs. 11,55,000 as investment from undisclosed income. Commissioner of Income-tax (Appeals) Decision: - Deleted the entire addition, holding that sales of 40 M.Ts. were genuine, and thus, the purchase must be genuine. - Accepted the 10 M.Ts. as genuine since the assessee claimed ownership and recorded it in their books. Income-tax Appellate Tribunal's Decision: - The Tribunal held that the purchase of 50 M.Ts. was not genuine, but since the assessee claimed the 400 bags, their value must be added as unexplained investment. Assessee's Argument: - The assessee argued that the entire transaction was recorded in their books, payments were made by cheque, and the identity of the seller and source of investment were established. - Cited the Delhi High Court decision in CIT v. La Medica and the Madras High Court decision in K. K. Seshaiyer v. CIT to support the genuineness of the transaction. Revenue's Argument: - The Revenue contended that the Tribunal's decision was based on factual findings, emphasizing the delay in claiming the goods and the false statements by Bipinkumar B. Shah. - Asserted that the transaction was not genuine due to the fictitious bank account and other corroborating factors. High Court's Analysis: - The court noted that the assessee had recorded the transaction in their books and provided an explanation for the nature and source of the investment. - Found that the statement of Bipinkumar B. Shah was discredited by the Assessing Officer's investigation, which established the bank account's legitimacy. - Highlighted that the Revenue did not claim that the investments were outside the books or that the Syndicate Bank account belonged to the assessee. - Concluded that the Tribunal erred in sustaining the addition of the value of 10 M.Ts. of HDPE powder when the nature and source of investment were duly explained. Judgment: - The appeal was allowed, answering the question in the negative, i.e., in favor of the assessee and against the Revenue. - The Tribunal was not justified in directing the Assessing Officer to add the value of 10 M.Ts. of HDPE as deemed income of the assessee. - No order as to costs.
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