2017 (4) TMI 963 - AT - Income Tax

Unexplained investment - Held that - We wish to observe here that the CBDT s circular dated 10.03.2003 already advises the search authorities to collect evidence pointing out any undisclosed income rather than recording admissions of the searched assessees. Hon ble jurisdictional high court s judgment in Kailashben Manoharlal Choksi vs. CIT (2008 (9) TMI 525 - GUJARAT HIGH COURT) also adopts the same very view. We therefore do not find any reason to interfere the CIT(A) s conclusion hereinabove deleting the impugned addition of unexplained investment in all three assessment years in question Section 40(a)(ia) disallowances - failure in deducting TDS upon various C&F payments - Held that - Both the learned representatives very much agree that this issue stands on identical footing as in former assessee s case wherein we have directed the Assessing Officer not to make the impugned disallowance if it is found that the payees concerned have already been assessed to tax qua the payments in question as per 40(a)(ia)(2nd proviso). We adopt the very course of action herein as well in absence of any distinction on facts being pointed out in the course of hearing. This identical substantive ground is accepted for statistical purposes.

Issues Involved:
1. Deemed dividend additions under Section 2(22)(e) of the Income Tax Act.
2. Disallowances/additions under Section 40(a)(ia) for non-deduction of TDS.
3. Unexplained investments.
4. Unexplained expenditure.

Issue-wise Detailed Analysis:

1. Deemed Dividend Additions:
The former assessee challenged the additions made under Section 2(22)(e) of the Income Tax Act for deemed dividend amounts in various assessment years. The assessee argued that these amounts were salary advances, not dividends. The tribunal referred to a previous decision in the case of the assessee's wife, where similar additions were deleted, holding that advance salary payments are not covered under Section 2(22)(e). Consequently, the tribunal reversed the lower authorities' decisions and accepted the assessee's appeals on this issue.

2. Disallowances/Additions under Section 40(a)(ia):
The assessee contested the disallowances made under Section 40(a)(ia) for payments to C&F agents without TDS deductions. The tribunal accepted the assessee's argument that the second proviso to Section 40(a)(ia), which states no disallowance if the payees are not in default under Section 201(1), should be applied retrospectively. The tribunal directed the Assessing Officer to verify if the payees had been assessed for the amounts in question and to pass a fresh order based on this verification. The appeals were thus accepted for statistical purposes.

3. Unexplained Investments:
The Revenue appealed against the CIT(A)'s decision to delete additions for unexplained investments based on statements from farmers regarding on-money payments for land purchases. The tribunal noted that the search did not find any incriminating evidence, and the farmers had retracted their statements. The CIT(A) had cited various judicial precedents to support the deletion of these additions. The tribunal upheld the CIT(A)'s decision, finding no substantive evidence to support the Assessing Officer's findings. The Revenue's appeals were dismissed, and the assessee's cross objections were rendered academic.

4. Unexplained Expenditure:
In the case of M/s. Trivedi Corporation Pvt. Ltd., the tribunal addressed the issue of unexplained expenditure based on a seized diary showing unaccounted expenses. The assessee failed to provide satisfactory explanations for these entries. The tribunal confirmed the addition made by the lower authorities, finding no reason to interfere with their conclusions. The appeal was partly accepted for statistical purposes.

Separate Judgments Delivered:
The tribunal delivered separate judgments for the two assessees, addressing the issues specific to each case. The decisions were pronounced in open court on April 18, 2017.

Conclusion:
The appeals and cross appeals were decided based on the specific facts and legal arguments presented. The tribunal's decisions included reversing lower authorities' actions, directing fresh assessments, and confirming certain additions, ensuring a comprehensive resolution of the issues involved.

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