2013 (2) TMI 45 - HC - Income Tax

Undisclosed purchases of Gold and Silver ornaments - assessee did not file its return of income voluntarily but filed the same in response to notice issued u/s 148 - ITAT deleted the addition - Held that - CIT(A) had accepted the explanation given by the assessee as in the sales tax assessment, the assessee had disclosed the purchases for the relevant assessment year to the extent of Rs. 3,12,817/- and for the previous years it was disclosed at Rs. 12,32,997/-. Thus, no adverse inference can be drawn that the assessee had made purchases worth Rs. 12,32,997/- during the assessment year in question, which finding has been upheld by the Tribunal. The findings recorded by the CIT(A) as upheld by the Tribunal, are based on appreciation of evidence and material on record and do not suffer from any legal infirmity. The order of the Tribunal does not give rise to any substantial question of law - in favour of assessee.

Summary

Issues:
1. Consideration of undisclosed purchases in the absence of voluntary income tax return filing.
2. Deletion of addition made by the Assessing Officer without proper reasoning.

Analysis:
1. The first issue pertains to whether the Tribunal was justified in not considering the fact that the assessee did not voluntarily file the income tax return for the assessment year in question but did so in response to a notice issued under section 148. The purchases of gold and silver ornaments were not disclosed initially. The Assessing Officer made an addition based on these undisclosed purchases. However, the Commissioner of Income Tax (Appeals) accepted the explanation provided by the assessee. It was noted that the assessee had disclosed the purchases in the sales tax assessment for the relevant year. The Commissioner held that no adverse inference could be drawn regarding the undisclosed purchases, a finding upheld by the Tribunal. The Tribunal's decision was based on a thorough evaluation of the evidence and material on record, leading to the conclusion that no substantial question of law arose in this regard. Consequently, the appeal challenging this issue was dismissed.

2. The second issue revolves around the deletion of an addition of Rs. 15,45,813/- made by the Assessing Officer. The Assessing Officer had added amounts related to the purchase of gold and silver ornaments, totaling the aforementioned sum. The Commissioner of Income Tax (Appeals) accepted the assessee's explanation, emphasizing the disclosure of purchases in the sales tax assessment. The Tribunal upheld this decision, stating that the findings were based on a proper evaluation of the evidence and material on record. The Tribunal found no legal infirmity in the Commissioner's decision. As a result, the Tribunal concluded that the appeal did not raise any substantial question of law. Consequently, the appeal challenging the deletion of the addition was dismissed, affirming the decision of the lower authorities.

In conclusion, the High Court upheld the Tribunal's decision, dismissing the appeal filed under Section 260 (A) of the Income Tax Act, 1961. The judgment highlighted the importance of proper evaluation of evidence and material on record in tax assessment cases, emphasizing the need for a valid legal basis for any additions or deletions made during the assessment process.