2018 (5) TMI 137 - AT - Income Tax

Initiation of reassessment proceedings u/s 148 - addition on account of undisclosed income - Held that - In the instant case there is not an iota of evidence which could suggest that the assessee had made any investment so as to justify the addition made by the AO. In our opinion the inference drawn by the AO is based on mere suspicion and is unsupported by any material whatsoever. It has not been demonstrated by any cogent material that it was the assessee who had made the investment/paid cash for acquiring shares of M/s Pioneer Finvest Ltd Unless any evidence is brought on record justifying that it was the assessee who had made any such investment, the addition is unsustainable in law. It is well settled rule of law that suspicion howsoever strong cannot par take the character of evidence. We, thus, find no infirmity in the order of learned CIT (Appeals) who has deleted the addition - Decided against revenue.

Summary

Issues Involved:
1. Validity of initiation of reassessment proceedings under Section 147 of the Income Tax Act.
2. Deletion of addition of ?25 crores made by the Assessing Officer on account of undisclosed income.

Issue-wise Detailed Analysis:

1. Validity of initiation of reassessment proceedings under Section 147 of the Income Tax Act:

The assessee challenged the initiation of reassessment proceedings under Section 147, arguing that the Assessing Officer (AO) failed to pass a speaking order against the objections to reopening of assessment. The assessee cited several judgments to support this contention. However, the CIT (DR) opposed, claiming that no such objections were raised before the AO.

Upon review, the Tribunal found that the notice under Section 148 was issued on 30.03.2012, and the assessee requested the reasons for reopening, which were provided on 08.10.2012. The Tribunal concluded that the assessee's replies did not constitute objections to the initiation of reassessment proceedings. Consequently, the Tribunal rejected the assessee's contention under Rule 27 of the Income Tax Appellate Tribunal Rules and upheld the validity of the reassessment proceedings.

2. Deletion of addition of ?25 crores made by the Assessing Officer on account of undisclosed income:

The AO had added ?25 crores to the assessee's income, alleging that the assessee, as the controlling person of the Minda Group, had given ?25 crores in cash to M/s Pioneer Finvest Ltd. and received it back as share application money and share premium. The AO based this on information gathered during a search and seizure operation and subsequent investigations.

The CIT (A) deleted this addition, stating that the AO did not provide any cogent material or evidence to substantiate the claim that the assessee made a cash payment of ?25 crores. The CIT (A) noted that the AO failed to bring any concrete evidence, such as cash books or bank statements, to support the allegation. The CIT (A) also highlighted that the AO could not present any seized documents, statements, or appraisal reports to substantiate the claim.

The Tribunal, upon review, agreed with the CIT (A). It noted that the AO's addition was based on mere suspicion and conjecture without any supporting evidence. The Tribunal emphasized that no material was brought on record to prove that the assessee had made any investment or paid cash for acquiring shares of M/s Pioneer Finvest Ltd. The Tribunal also pointed out that the assessee had categorically denied making any such investment, and the AO failed to rebut this claim with any evidence.

The Tribunal concluded that the addition under Section 69 of the Income Tax Act could only be made if it was established that the assessee had made an investment and failed to explain its nature and source. In this case, there was no evidence to suggest that the assessee made any such investment. The Tribunal upheld the CIT (A)'s decision to delete the addition, stating that suspicion cannot replace evidence.

Conclusion:

The Tribunal dismissed the revenue's appeal, upholding the CIT (A)'s decision to delete the addition of ?25 crores and validating the reassessment proceedings under Section 147 of the Income Tax Act. The order was pronounced in the open court on 25th April 2018.