2013 (2) TMI 21 - HC - Income Tax

Unexplained investment - claim of the Revenue is based upon the paper recovered during survey - ITAT deleted the addition - Held that - Tribunal has returned a finding that the said document does not show anything and it is very difficult to say that the document represents certain loans given by the assessee to various persons. Also that after discovery of the document during survey, the Revenue should have either obtained further information or in any case should have conducted more enquiries to prove the contents of the document and that without such enquiry or any material on record, it is not possible to return a finding that the figures are in terms of lakhs and lead to addition to income. No substantial question of law arises for consideration of this court.

Summary

Issues:
1. Disallowance of addition on account of unexplained investment
2. Disallowance of addition based on destruction of evidence

Issue 1: Disallowance of addition on account of unexplained investment

The appeal under Section 260-A of the Income Tax Act, 1961 was directed against an order passed by the Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh for assessment year 2006-07. The Revenue claimed substantial questions of law regarding the disallowance of an addition of Rs. 67,96,725 made by the Assessing Officer on account of unexplained investment. The Tribunal found that the document recovered during survey did not clearly indicate any loans given by the assessee to various persons. It was noted that the Revenue should have conducted further inquiries or obtained more information to prove the contents of the document. The Tribunal concluded that without such verification, it was not possible to establish that the figures on the document led to an addition to income. The appellant's argument that the entries on the paper related to money transactions was based on presumption and not factual evidence. Therefore, the Court held that no substantial question of law arose for consideration, and the appeal was dismissed.

Issue 2: Disallowance of addition based on destruction of evidence

Another substantial question of law raised was whether the Tribunal was justified in disallowing the addition made by the Assessing Officer due to the destruction of evidence by the assessee. The Tribunal had found that the document in question did not clearly indicate any transactions of money and that the attempt to destroy the paper did not establish mens rea on the part of the assessee to hide transactions. The Court concurred with the Tribunal's findings and held that the argument based on the conduct of the assessee during the survey was a presumption and not a fact. Since the Tribunal had already determined that the document did not lead to any money transactions, the Court found no merit in this argument as well. Therefore, the disallowance based on the destruction of evidence was upheld, and the appeal was dismissed.

In conclusion, the High Court dismissed the appeal as it did not find any substantial questions of law arising from the issues raised by the Revenue. The Court upheld the Tribunal's findings that the document recovered during survey did not conclusively prove any unexplained investments or transactions of money, and the attempt to destroy the evidence did not establish any wrongdoing on the part of the assessee.