2014 (12) TMI 1012 - AT - Income Tax

Deletion of addition of undisclosed income Incriminating documents found in search Validity of admission of additional evidence in violation of Rule 46A Held that - In the course of search proceeding, particulars of transaction between the searched person and the proprietary concerns of the assessee were recorded - M/s Gian Chand Ramji Dass Group (the search person) were recording certain portion of their sales outside the books of account and many of these sales were made to two proprietary concerns of the assessee - assessee was asked to explain whether the purchases from M/s Gian Chand Ramji Dass Group, were duly accounted or not - There was lack of cooperation on the part of the assessee and did not provide the necessary material called for by the AO - CIT(A) deleted the disallowance for the reason that no incriminating documents against the assessee were found during course of search. M/s Gian Chand Ramji Dass Group has sold goods outside its book of account to the proprietary concerns of the assessee The addition of ₹ 6,81,067/- would not have been warranted, had assessee cooperated and produced the details called for in the course of assessment proceeding - The assessee ought to have furnished necessary material to show that the purchases from M/s Gian Chand Ramji Dass Group were duly reflected in the regular book account maintained by the proprietary concerns - CIT(A) is not justified in deleting the addition thus, the matter is remitted back to AO for fresh consideration. The AO merely added the peak credit without giving any reasoning for treating the same as undisclosed income of the assessee - when the Bank accounts are reflected in the normal course of assessee s business, there is no reason that the peak credit in the two bank accounts should be added as undisclosed income - the CIT(A) s order deleted the addition of ₹ 10,83,460/- is upheld Decided partly in favour of revenue.

Summary

Issues Involved:
1. Appeal by Revenue challenging deletion of addition of undisclosed income.
2. Cross objection by assessee challenging initiation of block assessment and quashing of assessment order.
3. Addition of undisclosed income based on purchases from M/s Gian Chand Ramji Dass Group.
4. Addition of peak credit in bank accounts as undisclosed income.

Analysis:

1. Appeal by Revenue - Deletion of Addition of Undisclosed Income:
The appeal by the Revenue challenges the deletion of an addition of undisclosed income amounting to Rs. 17,64,527 made by the Assessing Officer (AO) based on incriminating documents found during a search. The CIT(A) deleted the addition, stating that no incriminating documents were found against the assessee. However, the Tribunal found that incriminating documents were indeed seized, showing transactions between the searched person and the assessee's proprietary concerns. The Tribunal held that the AO's addition of Rs. 6,81,067 based on purchases from M/s Gian Chand Ramji Dass Group was justified, as the assessee failed to cooperate and provide necessary evidence. The issue was remanded to the AO for fresh consideration.

2. Cross Objection by Assessee - Initiation of Block Assessment and Assessment Order:
The cross objection by the assessee challenged the initiation of block assessment under section 158BD of the Income Tax Act, 1961, and the assessment order passed by the AO. The CIT(A) upheld the assessment u/s 158BD, ruling against the assessee. However, the Tribunal remanded the issue of addition of Rs. 6,81,067 to the AO for fresh consideration, thereby restoring the cross objection to the AO for re-evaluation.

3. Addition of Undisclosed Income based on Purchases:
The undisclosed income addition of Rs. 6,81,067 was based on purchases made from M/s Gian Chand Ramji Dass Group. The Tribunal found that the AO's estimation was valid due to the lack of cooperation from the assessee in providing necessary details. The CIT(A) had deleted this addition citing the absence of incriminating documents, but the Tribunal disagreed and remanded the issue for fresh assessment.

4. Addition of Peak Credit in Bank Accounts:
The AO added Rs. 10,83,460 as undisclosed income based on peak credits in the bank accounts of the assessee. However, the CIT(A) deleted this addition, stating that the bank accounts were disclosed to the Income Tax Department. The Tribunal upheld the CIT(A)'s decision, finding no reason to treat the peak credit as undisclosed income.

In conclusion, the Tribunal partially allowed the Revenue's appeal for statistical purposes and allowed the assessee's cross objection for the same. The issues regarding the additions of undisclosed income were remanded to the AO for fresh consideration, ensuring the assessee's right to be heard.