2016 (2) TMI 607 - HC - Income Tax

Cognizance of provisions of Section 292C - addition made by the AO on the basis of the impounded documents found in search - whether evidence was impounded not only from the premises of the assessee but from the Computer of the assessee - Gross Profit addition deleted - Held that - Section 292C of the Act inter alia provides that where any books of accounts or other documents are found in possession or control of any person in the course of search under Section 132 or survey under Section 133A of the Act it may be presumed that such books or documents belong to such person. Undisputedly such presumption is rebuttable. It is not disputed that the Assessee had clearly denied having any dealing with M/s Smridhi Sponge Limited and had also filed an affidavit to that effect. The ITAT found as a matter of fact that the Assessee on its part had made the necessary enquiries and also provided final accounts of M/s Smridhi Sponge Limited; confirmation from the Director of M/s Smridhi Sponge Limited; details of the bank accounts; final accounts; Director s Report; PAN Number etc. which sufficiently discharged the burden cast on the Assessee. The ITAT also found that the Assessee had provided the necessary information for the AO to make the requisite enquiries from M/s Smridhi Sponge Limited as well as M/s Galaxy Exports Pvt. Ltd. In our view no interference with the order of the ITAT is called for under Section 260A of the Act since the findings of the ITAT are essentially factual. Further we find no infirmity with the findings returned by the ITAT and in any event the same cannot be held to be perverse by any stretch. - Decided against revenue

Summary

Issues Involved:
1. Condonation of delay in filing and re-filing appeals.
2. Validity of reopening assessments under Section 148 of the Income Tax Act, 1961.
3. Presumption under Section 292C of the Income Tax Act, 1961.
4. Validity of additions made by the Assessing Officer (AO) based on documents found during the survey.
5. The burden of proof and the efforts made by the Assessee to discharge it.
6. The role of the Income Tax Appellate Tribunal (ITAT) in evaluating the evidence and findings of the AO and CIT(A).

Detailed Analysis:

1. Condonation of Delay:
The court condoned the delay in filing and re-filing the appeals based on the reasons stated in the applications. The applications were disposed of accordingly.

2. Validity of Reopening Assessments:
The assessments for AY 2007-08 and AY 2008-09 were reopened based on loose papers found during a survey under Section 133A of the Act. Notices under Section 148 were issued to the Assessee, who responded by filing a copy of its original return and requested it to be treated as a return in response to the notice. The CIT(A) upheld the reopening of the assessments, rejecting the Assessee's challenge.

3. Presumption under Section 292C:
Section 292C allows a presumption that documents found during a search or survey belong to the person in possession. However, this presumption is rebuttable. The ITAT held that the Assessee had rebutted this presumption by denying any dealings with M/s Smridhi Sponge Limited and providing substantial evidence to support its claim.

4. Validity of Additions by AO:
The AO made an addition of Rs. 2,68,11,454/- as undisclosed income based on documents found during the survey, which indicated transactions with M/s Smridhi Sponge Limited. The CIT(A) reduced this amount to Rs. 1,20,33,295/- for AY 2007-08 and Rs. 83,75,435/- for AY 2008-09, considering the notional working capital required for the alleged undisclosed sales.

5. Burden of Proof and Assessee's Efforts:
The Assessee denied any transactions with M/s Smridhi Sponge Limited and provided an affidavit, company details, and other relevant information to the AO. The ITAT noted that the Assessee had done everything within its power to rebut the presumption and had provided sufficient evidence for the AO to make further enquiries, which the AO failed to do.

6. Role of ITAT:
The ITAT examined the records and found that the AO had not made necessary efforts to verify the Assessee's claims. The ITAT concluded that the Assessee had sufficiently discharged its burden of proof, and the AO's reliance on the documents found during the survey without further verification was unjustified. The ITAT's findings were factual, and the court found no reason to interfere with them under Section 260A of the Act.

Conclusion:
The court dismissed the appeals, holding that no substantial question of law arose. The ITAT's findings were upheld, and the additions made by the AO based on the documents found during the survey were deemed invalid due to the lack of corroborative evidence and the Assessee's successful rebuttal of the presumption under Section 292C.