2014 (7) TMI 164 - AT - Income Tax

Reopening of assessment u/s 147/148 of the Act Prima facie reason Held that - Reopening has been done on the basis of specific information in possession of AO from DIT investigation, New Delhi the AO had prima facie reason to believe that income had escaped assessment Decided against Assessee. Addition u/s 68 of the Act Share application money Amount received from debtor Held that - CIT(A) was primarily swayed by the consideration that assessee had returned loss of ₹ 9,792/- but the details as furnished by assessee particularly the details of sundry debtors, needs to be examined - if assessee s claim is found to be correct then no addition is called for in current assessment year thus, the order of the CIT(A) is set aside and the matter is remitted back to the AO for verification of assessee s claim of realization of amount due from MKM Finsac Pvt. Ltd. Decided in favour of Assessee.

Issues:
1. Validity of reopening the assessment under section 147/148.
2. Treatment of received amount as share application money.
3. Treatment of received amount as the income of the appellant.
4. Overall legality and correctness of the appellate order.

Issue 1: Validity of reopening the assessment under section 147/148:
The appeal was filed against the order of Ld. CIT(A) IV, New Delhi for A. Y 2003-04. The Assessing Officer reopened the assessment based on specific information from DIT (Investigation), New Delhi, indicating potential income escaping assessment. The appellant contested the reopening, arguing that no income had escaped assessment. However, the Tribunal dismissed the grounds challenging the validity of the reopening, stating that the Assessing Officer had prima facie reasons to believe income had escaped assessment.

Issue 2: Treatment of received amount as share application money:
The Ld. CIT(A) confirmed the addition of &8377; 1,14,980/-, treating the amount received as share application money. The appellant contended that the sum was realized in the financial year 2002-03 and not in 2003-04, thus should not be added to the latter year's assessment. The Tribunal noted discrepancies in the appellant's submissions and directed the Assessing Officer to verify the claim regarding the realization of the amount from MKM Finsac Pvt. Ltd. on 29th October, 2002.

Issue 3: Treatment of received amount as the income of the appellant:
The Ld. CIT(A) also upheld the addition of &8377; 1,14,980/- as the income of the appellant. The appellant argued that the income pertained to the assessment year 2002-03 and not 2003-04, hence should not be added to the latter year's assessment. The Tribunal found merit in the appellant's claim regarding the timing of the income realization and instructed the Assessing Officer to verify the details provided by the appellant to determine the correctness of the claim.

Issue 4: Overall legality and correctness of the appellate order:
The Tribunal partially allowed the appellant's appeal for statistical purposes, emphasizing the need for a thorough examination of the details provided by the appellant regarding the realization of the amount due from MKM Finsac Pvt. Ltd. The matter was remanded back to the Assessing Officer for verification, indicating a possibility of no addition in the current assessment year if the appellant's claim was substantiated. The order was pronounced on 23rd June 2014, setting the stage for further assessment based on the verified information.

This detailed analysis of the judgment highlights the key issues involved, the arguments presented by the parties, and the Tribunal's directions regarding the reassessment and treatment of the disputed amount.

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