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2016 (10) TMI 879 - AT - Income TaxValidity of assessment initiated u/s 153C - validity of the notice challenged - Held that - Having regard to the provisions of section 292B of the Act, we hold that mere mention of wrong section in the notice does not vitiate the validity of the very notice issued for filing return of income. Thus, the contention of the assessee that notice issued requiring assessee to file return of income is invalid, cannot be accepted. As regards recording of satisfaction, the CIT(A) had observed that the AO has recorded a satisfaction note and the satisfaction note was also recorded in his order. As regards the contention of the assessee that satisfaction note has to be recorded again by the AO of the assessee who has jurisdiction over him, no material was produced before us that no such satisfaction was recorded by his AO. In absence of material on record, we are unable to appreciate the contention of the assessee. Thus, in our considered opinion, the proceedings are validly initiated u/s 153C of the Act. - Decided against assessee
Issues Involved:
1. Validity of the assessment order and jurisdiction under Section 153C of the Income Tax Act. 2. Addition of ?75,12,096/- to the assessee's income on account of the difference in stock. 3. Reflection of the claim in the books of account and income tax returns. 4. Inclusion of income in the relevant assessment year. 5. Liability to pay interest. Issue-wise Detailed Analysis: 1. Validity of the Assessment Order and Jurisdiction under Section 153C: The assessee contested the jurisdiction assumed by the Assessing Officer (AO) under Section 153C of the Income Tax Act, arguing that the order lacked proper jurisdiction and should be quashed. The tribunal examined whether the AO had recorded the necessary satisfaction as required under Section 153C. It was found that the AO had indeed recorded a satisfaction note, which was verified and reproduced by the Commissioner of Income Tax (Appeals) [CIT(A)]. The tribunal concluded that the proceedings were validly initiated under Section 153C, as the statement given by the Kartha of the assessee during the search and seizure operations constituted sufficient material to give rise to jurisdiction under Section 153C. The tribunal also held that the mere mention of the wrong section in the notice does not invalidate the notice, referring to Section 292B of the Income Tax Act, which states that no assessment or notice shall be invalid merely due to any mistake, defect, or omission if it is in substance and effect in conformity with the intent and purpose of the Act. 2. Addition of ?75,12,096/- on Account of Difference in Stock: The AO made an addition of ?75,12,096/- to the assessee's income due to a discrepancy in the stock of gold as per the stock register and the details in Form 3CD. The AO noted a difference of 5060 grams of gold, which was not satisfactorily explained by the assessee. The assessee claimed that the difference was due to gold taken as advance under the MP Deposit Scheme from various family members. However, the AO rejected this explanation on several grounds, including the lack of agreements with the alleged depositors, the absence of reflection of these deposits in the financial statements, and the improbability of such deposits without any monetary benefit for over thirteen years. The tribunal upheld the AO's addition, concluding that the doubts raised by the AO remained unsubstantiated and the assessee failed to prove his claim. 3. Reflection of the Claim in the Books of Account and Income Tax Returns: The lower authorities held that the claim of the assessee was not reflected in the books of account or the income tax returns filed by the lenders. The tribunal noted that the financial statements of both the assessee and the depositors did not reflect the alleged gold deposits. The tribunal agreed with the lower authorities' findings, emphasizing that the assessee failed to provide corroborative evidence to support the claim. 4. Inclusion of Income in the Relevant Assessment Year: The assessee argued that the inclusion of income in the relevant assessment year was not correct. However, the tribunal did not find any merit in this argument, as the addition was based on the discrepancy in the stock of gold, which was discovered during the search and seizure operations conducted in the relevant assessment year. 5. Liability to Pay Interest: The assessee denied the liability to pay interest, arguing that the interest was levied erroneously. However, the tribunal did not address this issue separately, as the primary contention regarding the addition to income was upheld. Conclusion: The tribunal dismissed the appeal filed by the assessee, confirming the validity of the proceedings initiated under Section 153C, the addition of ?75,12,096/- on account of the difference in stock, and the rejection of the assessee's claims regarding the reflection of the deposits in the financial statements and the inclusion of income in the relevant assessment year. The tribunal also upheld the liability to pay interest as levied by the lower authorities.
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