2013 (4) TMI 898 - HC - Income Tax

Summary

Issues involved: Appeal against order of Income Tax Appellate Tribunal regarding additions to returned income for Assessment Year 2004-05 by Assessing Officer.

Addition of unexplained share capital and premium:
The Tribunal and Commissioner found accounts maintained by the assessee to be in order, reflecting true income. Increase in turnover and GP rate were noted, indicating no income suppression. Tribunal's findings based on relevant material were upheld, with no substantial question of law identified. Citing CIT vs Lovely Exports, it was held that share application money cannot be added to the income of the assessee company.

Disallowance under various heads:
The Tribunal's decision to delete disallowance made by the Assessing Officer was upheld. The Tribunal found no material defects pointed out by the Assessing Officer to invoke Section 145(3) of the Income Tax Act, 1961. Despite defects in account books, the Tribunal considered the past history of the assessee, concluding that income was not suppressed. No perversity in the Tribunal's findings was identified, leading to the dismissal of the appeal.

Conclusion:
The appeal was dismissed summarily as no substantial question of law was found. The judgment referenced the case of CIT vs Lovely Exports, supporting the assessee's position regarding share application money.