2013 (4) TMI 571 - HC - Income Tax

Addition on sham and bogus transactions - Held that - The assessee during the course of assessment proceedings has filed confirmation letters from the companies, their PAN number, copy of bank statements, affidavits and balance sheet. Thereafter AO had asked the assessee to produce the said Directors/ parties. Assessee expressed its inability to produce them but AO did not consequent thereto conduct any inquiry and closed the proceedings. This is a case where the Assessing Officer has failed to conduct necessary inquiry, verification and deal with the matter in depth specially after the affidavit/confirmation along with the bank statements etc. were filed. Thus in the absence of these inquiries and non-verification of the details at the time of assessment proceedings, the factual findings recorded by the AO were incomplete and sparse.

Summary

Issues:
Challenging the order of the Income Tax Appellate Tribunal regarding alleged sham and bogus transactions in relation to share money received by the respondent-assessee from 5 companies during assessment year 2006-07.

Analysis:
The High Court addressed the issue of the Revenue challenging the Tribunal's order, contending that the share money received by the respondent-assessee from 5 companies was sham and bogus. The appellant argued that a statement by S.H. Mallick, reproduced in the assessment order, indicated that accommodation entries were provided. However, the Court noted that the assessee had submitted confirmation letters from the companies, PAN numbers, bank statements, affidavits, and balance sheets during the assessment proceedings. The Assessing Officer had requested the assessee to produce the directors/parties from the companies, but the assessee expressed inability to do so. Despite this, the Assessing Officer did not conduct any further inquiry and closed the proceedings. The Court observed that the Assessing Officer failed to conduct necessary inquiry and verification, especially after the submission of affidavits, confirmations, and bank statements. The Court concluded that the Assessing Officer's factual findings were incomplete and sparse due to the lack of necessary inquiries and verifications. As a result, the Court dismissed the appeal, stating that no substantial question of law arose from the impugned order.

This judgment highlights the importance of thorough investigation and verification by the Assessing Officer during assessment proceedings. The Court emphasized that mere allegations of sham and bogus transactions were not sufficient without proper inquiry and examination of the evidence provided by the assessee. The Court found that the Assessing Officer's failure to conduct necessary inquiries rendered the factual findings incomplete and inadequate. The judgment serves as a reminder of the procedural requirements and the need for a comprehensive examination of evidence before drawing conclusions in tax assessment cases. The decision underscores the significance of conducting thorough investigations to ensure the validity and accuracy of assessments, thereby upholding the principles of natural justice and fair treatment in tax matters.