2012 (8) TMI 357 - AT - Income Tax

Addition on account of cash loan paid against the security of cheques - CIT(A) deleted addition - Held that - CIT(A) has not given opportunity to the A.O. before accepting the reconciliation of the assessee and deleted the additions made - though reconciliation submitted by the assessee appears to be reasonable but verification is to be made by the A.O. - the matter is remanded back to the A.O. to reconsider the reconciliation submitted. Addition on account of interest accrued on such cash loan - Held that - The A.O. had not brought on record any evidence to substantiate that the assessee had charged interest on cash loan. There was disclosure on account of cash loan by the assessee at Rs.1.41 crore for the block period. The A.O. has presumed date for calculation of interest as date of search. It appears that there was no noting on seized material about charging of interest and no evidence had been gathered by the A.O. from the loanee. In absence of any conclusive evidence, the addition cannot be sustained. The A.O. made addition on conjuncture and surmises - in favour of assessee. Addition on account of investment in jewellery - Held that - The assessee had made disclosure of Rs.2.76 crore for the block period from 1998-99 to 2004-05 out of which Rs.3.78 lakh disclosure was pertained on account of jewellery found. The remaining jewellery was as per the Board Circular as well as jewellery reflected in books of accounts. Therefore, this ground of appeal of the revenue is dismissed. Addition of Rs.7 lakhs unaccounted cash - Held that - The assessee admitted the unaccounted cash Rs.7 lakh u/s 132(4) and claimed that this is part of disclosure of Rs.10426230/-, therefore, A.O. is directed to verify the total disclosure made by the assessee - If contention of the assessee is found correct, the credit may be given to the assessee and no double addition is to be made in the hands of the assessee - the matter is set aside to the A.O.

Summary

Issues Involved:
1. Addition on account of cash loan paid against the security of cheques.
2. Addition on account of interest accrued on cash loans.
3. Addition on account of investment in jewelry.
4. Addition on account of unaccounted cash.
5. Addition on account of investment in valuable assets.
6. Addition on account of investment in fixed deposits.
7. Addition on account of notional interest on alleged cash loans.

Detailed Analysis:

1. Addition on account of cash loan paid against the security of cheques:
The Assessing Officer (A.O.) observed that the assessee was involved in the business of cheque discounting and had given loans against the security of cheques. During the search, undated and post-dated cheques valued at Rs.3,65,15,181/- were found. The A.O. made an addition of Rs.1,12,68,632/- for A.Y. 2003-04 and Rs.3,24,67,736/- for A.Y. 2004-05 as investment out of undisclosed sources given as cash loans. The CIT(A) reduced the addition to Rs.23,22,262/- for A.Y. 2003-04. The Tribunal remanded the matter back to the A.O. for verification of the reconciliation submitted by the assessee, giving the A.O. an opportunity to reconsider the reconciliation and decide the matter on merit.

2. Addition on account of interest accrued on cash loans:
The A.O. observed that the assessee had admitted interest at 25% per annum on loans given out and calculated interest for A.Y. 2003-04 at Rs.19,39,486/-, adding it to the income of the assessee. The CIT(A) directed the A.O. to calculate interest on Rs.23,22,262/- and allowed the appeal partially. The Tribunal found that the A.O. had not brought any evidence to substantiate that the assessee had charged interest on cash loans and dismissed the addition based on conjecture and surmises.

3. Addition on account of investment in jewelry:
The A.O. made an addition of Rs.10,73,550/- for A.Y. 2004-05, treating it as investment out of undisclosed sources. The CIT(A) deleted the addition, considering the jewelry found was within the limits stated in the CBDT Circular and supported by various decisions. The Tribunal upheld the CIT(A)'s decision, noting that the assessee had made a disclosure of Rs.2.76 crore for the block period, including Rs.3.78 lakh for jewelry.

4. Addition on account of unaccounted cash:
The A.O. added Rs.7 lakhs as unaccounted cash found during the search. The CIT(A) confirmed the addition, noting that the assessee had admitted the unaccounted cash during the search. The Tribunal directed the A.O. to verify the total disclosure made by the assessee and ensure no double addition is made.

5. Addition on account of investment in valuable assets:
The A.O. added Rs.1,06,000/- for investment in valuable assets against Rs.95,000/- shown by the assessee. The Tribunal did not provide a separate detailed analysis for this issue.

6. Addition on account of investment in fixed deposits:
The A.O. added Rs.1,16,11,244/- for investment in fixed deposits made from the amount disclosed by the assessee. The Tribunal did not provide a separate detailed analysis for this issue.

7. Addition on account of notional interest on alleged cash loans:
The A.O. calculated notional interest on cash loans for A.Y. 2004-05 at Rs.91,7075/-. The CIT(A) directed the A.O. to recalculate the interest on cash loans disclosed by the assessee. The Tribunal dismissed the addition, noting that the A.O. had not brought any evidence to substantiate that the assessee had charged interest on cash loans and relied on conjecture and surmises.

Conclusion:
The Tribunal set aside certain issues for verification and reconsideration by the A.O., dismissed others based on lack of evidence and conjecture, and upheld the CIT(A)'s decisions where appropriate. The appeals were decided accordingly, with some grounds set aside for reassessment and others dismissed.