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2016 (12) TMI 862 - AT - Income TaxValidity of Reopening of assessment - Held that - The AO had rightly exercised his power of reopening the assessment in proceedings under section 147/148 of the Act, as he had prima facie valid reasons to believe that income of the assessee exigible to tax for A.Y. 2003-04 had escaped assessment and had therefore correctly reopened the assessment for A.Y. 2005-06. Before us, no material evidence has been brought on record by the assessee to controvert the findings of the learned CIT(A) on this issue. In this view of the matter, while maintaining judicial consistency and finding no merit in the grounds raised or arguments put forth by the learned A.R. of the assessee, we uphold the action of the AO in reopening the assessment for A.Y. 2003-04 in the case on hand. Exemption claimed u/s 54F denied - treating the capital gains on sale of shares as bogus transaction - treatment of the investment in purchase of residential flat at Jaldarshan, Malabar Hills, Mumbai as unexplained investment - Held that - As decided in assessee s own case for AY 2005-06 we hold that the learned CIT(A) erred in upholding the AO s action in treating the capital gains on sale of shares amounting to ₹ 35,17,598/- as a bogus transaction, charging commission thereon and denying the assessee s claim for exemption under section 54F of the Act. We accordingly set aside the orders of the authorities below on these issues. Since it appears that the authorities below have denied the assessee s claim for exemption under section 54F of the Act summarily, without examining the facts of the claim and computation thereof, the AO is directed to do so while giving effect to this order. We hold and direct accordingly.
Issues Involved:
1. Validity of reopening of assessment under section 147/148 of the Income Tax Act. 2. Treatment of capital gains on sale of shares as bogus transactions. 3. Denial of exemption claimed under section 54F of the Income Tax Act. 4. Disallowance of commission paid to M/s. Gold Star Finvest Ltd. 5. Disallowance of transfer fees. Detailed Analysis: 1. Validity of Reopening of Assessment under Section 147/148 of the Income Tax Act: The assessee challenged the reopening of the assessment for both A.Y. 2003-04 and A.Y. 2004-05, arguing that the Assessing Officer (AO) relied solely on information received from the DDIT (Inv) and the statement of Shri Mukesh Choksi without conducting an independent inquiry. The Tribunal upheld the reopening, referencing the Coordinate Bench's decision in the assessee's own case for A.Y. 2005-06, which validated the AO's actions under similar circumstances. The Tribunal found that the AO had prima facie valid reasons to believe that income had escaped assessment, thus justifying the reopening of the assessment. 2. Treatment of Capital Gains on Sale of Shares as Bogus Transactions: The AO treated the capital gains from the sale of shares of Buniyad Chemicals Ltd. as bogus transactions, relying on the statement of Shri Mukesh Choksi, who admitted to providing accommodation entries. The Tribunal, however, noted that no independent inquiry was conducted by the AO to verify the information, and the assessee was not given an opportunity to cross-examine Shri Mukesh Choksi. Citing similar cases where the Tribunal had ruled in favor of the assessee, the Tribunal held that the AO's reliance on the statement without further verification was insufficient to disallow the capital gains. Consequently, the Tribunal directed the AO to assess the capital gains as declared by the assessee and allowed the exemption claimed under section 54F. 3. Denial of Exemption Claimed under Section 54F of the Income Tax Act: The AO denied the exemption claimed under section 54F on the grounds that the capital gains were from bogus transactions. The Tribunal, following its decision to treat the capital gains as genuine, directed the AO to allow the exemption under section 54F, subject to verification of the facts and computation of the claim. 4. Disallowance of Commission Paid to M/s. Gold Star Finvest Ltd.: The AO had disallowed 5% of the capital gains as commission paid to M/s. Gold Star Finvest Ltd. for providing accommodation entries. The CIT(A) reduced this to 0.15%. The Tribunal, following its decision to treat the capital gains as genuine, set aside the disallowance of the commission. 5. Disallowance of Transfer Fees: For A.Y. 2004-05, the AO disallowed transfer fees of ?3,00,000 for want of evidence. The assessee did not press this ground during the hearing, and the Tribunal dismissed it as infructuous. Conclusion: The Tribunal partly allowed the assessee's appeals for both assessment years, upholding the validity of the reopening of assessments but directing the AO to treat the capital gains as genuine and allow the exemptions claimed under section 54F. The disallowance of commission and transfer fees was also set aside, subject to verification by the AO.
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