2012 (7) TMI 725 - AT - Income Tax

Unexplained investment u/s 69 of the I.T. Act - amount was added on the basis of document seized during the course of search - cheque number mentioned in the alleged documents is never debited in the Bank Account of the assessee Held that - Document was computer generated and unsigned while the cheque number 365277 dated 9.12.1999 mentioned in the said document was never debited to the bank account of the assessee - DR did not place any material before us controverting the aforesaid findings of facts recorded by the ld. CIT(A) so as to enable us to take a different view in the matter In favor of assessee Undisclosed income - addition on account of cash seized from the bank account of the assessee - assessee submitted that no cash was found or seized during the course of search Held that - Cash of Rs. 5 lacs was seized from bank account, which account was reflected in the books of accounts of the assessee and return filed before the date of search. Since the amount was disclosed in the books of account of the assessee, this could not be considered undisclosed income by any yardsticks In favor of assessee assessee

Summary

Issues involved:
1. Addition of Rs. 5 lacs made on account of unexplained investment under section 69 of the Income Tax Act, 1961.
2. Addition of Rs. 5 lacs made on account of unexplained deposit in bank account.

Analysis of the Judgment:

Issue 1: Addition of Rs. 5 lacs on account of unexplained investment under section 69 of the Income Tax Act, 1961:
The appeal by the Revenue challenged the deletion of the addition of Rs. 5 lacs made on account of unexplained investment. The facts revealed that a search was conducted under section 132(1) of the Act, leading to the addition of Rs. 10 lacs as undisclosed income, including Rs. 5 lacs on account of share application money given by the assessee to M/s Expo Globe India Pvt. Ltd. The Assessing Officer (AO) added this amount under section 69 of the Act, citing lack of books of account of M/s Timely Fincap Pvt. Ltd. On appeal, the ld. CIT(A) deleted the addition after considering various submissions, including the absence of corroborating evidence for the seized document and the non-debit of the mentioned cheque in the bank account. The Tribunal upheld the deletion, emphasizing the unsigned nature of the document and the absence of any material to challenge the findings.

Issue 2: Addition of Rs. 5 lacs on account of unexplained deposit in bank account:
The second ground of appeal pertained to the addition of Rs. 5 lacs on account of cash seized from the bank account of the assessee. The AO added this amount based on the cash found in the bank account, despite the amount being reflected in the regular books of accounts of the assessee. The ld. CIT(A) deleted this addition after considering the remand report and submissions, highlighting the acknowledgment by the AO that the cash was seized from the bank account. The Tribunal, after reviewing the facts, noted that the amount was disclosed in the books of account before the search, leading to the dismissal of the appeal. The Tribunal found no basis to interfere, as the amount was not undisclosed income by any measure.

Conclusion:
The Tribunal dismissed the appeal by the Revenue, upholding the decisions of the ld. CIT(A) in deleting the additions of Rs. 5 lacs each on account of unexplained investment and unexplained deposit in the bank account. The Tribunal found no grounds to overturn the findings, emphasizing the lack of corroborating evidence and the disclosure of the amounts in the books of accounts. The appeal was consequently dismissed, affirming the decisions of the lower authorities.

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