2021 (3) TMI 617 - AT - Income Tax

Principal taxable income of Assessee - Addition on protective basis - amount found from the lockers of the assessee would be considered as the income of the father of the assessee - HELD THAT - Additions were made in the hands of the assessee on protective basis and in the proceedings of the father namely Dr GG Dhir, where substantive addition was made, the same amount has been held to be an income of the father. Accordingly once the income has been charged in the hands of the father, it cannot be again charged in the hands of the assessees before us. Chargeability of interest u/s 158BFA(1) - delay in filing of the return - interest on the assessee s income pursuant to the block assessment in the hands of the assessee - HELD THAT - Matter involves the computation of income of the assessee after taking into account the judgment of the Hon ble High Court in the case of the father and effect of the said decision on the chargeability of interest. It is also admitted to the ld. CIT(A) that once the High Court holds the taxability of the impugned addition in the hands of assessee s father, the addition so made in the hands of assessee shall automatically stand deleted. We are also of the opinion that the computation of interest is integrally connected to the computation of income assessed. The primary duty of computation of income and interest thereon lies with the Assessing Officer and, therefore, it would be in the fitness of the facts, the matter pertaining to computation of income and interest is required to be remanded to the file of Assessing Officer. We remand the matter to the file of the Assessing Officer with the direction to comply with the decision of the Hon ble High Court treating the amount recovered from the impugned lockers as the income of Dr GG Dhir and thereafter decide chargeability of the interest on the residual amount after deleting the amount owned by the father. We make it abundantly clear that the date of chargeability of the interest on the residual income would be the date when such amount was due for taxation, in terms of the block assessment order. Appeals of the assessees are allowed for statistical purposes.

Issues Involved:
1. Charging of interest on assessed income.
2. Nature of interest under section 158BFA.
3. Delay in filing of return due to challenge of search proceedings.
4. Validity of assessment proceedings and order.
5. Time-barred assessment claim.
6. Validity of assessment due to lack of individual search warrant.
7. General consideration of submissions and grounds of appeal.
8. Permission to withdraw or modify grounds of appeal.

Issue-wise Detailed Analysis:

1. Charging of Interest on Assessed Income:
The Commissioner of Income-tax (Appeals) upheld the charging of interest on the assessed income, dismissing all grounds, submissions, and case laws relied upon by the appellant. The Tribunal noted that the appellant had delayed filing the return and had not provided satisfactory reasons for the delay, thus justifying the interest charged under section 158BFA(1).

2. Nature of Interest under Section 158BFA:
The Commissioner (Appeals) determined that the interest under section 158BFA is penal in nature rather than compensatory. The Tribunal agreed, highlighting that the appellant's delay in filing the return was deliberate and not attributable to any valid cause, thus warranting the penal interest.

3. Delay in Filing of Return Due to Challenge of Search Proceedings:
The appellant argued that the delay in filing the return was due to the challenge of the search proceedings and the retrospective amendment in law. The Tribunal found that the appellant had ample time to file the return even after the interim order by the High Court, which allowed the assessment proceedings to continue. The delay was deemed unjustified as the appellant did not cooperate with the assessment process.

4. Validity of Assessment Proceedings and Order:
The Commissioner (Appeals) upheld the validity of the assessment proceedings and order, finding them in order both legally and factually. The Tribunal supported this view, noting that the assessment was conducted following due process, and the appellant's objections were not substantiated.

5. Time-barred Assessment Claim:
The appellant's claim that the assessment was time-barred was not decided by the Commissioner (Appeals). The Tribunal noted that this issue was not addressed due to the ongoing appeal regarding the substantive addition in the father's case. The Tribunal directed the Assessing Officer to consider this claim in light of the High Court's decision.

6. Validity of Assessment Due to Lack of Individual Search Warrant:
The appellant contended that the assessment was invalid as no search warrant was issued in their individual name. The Commissioner (Appeals) rejected this claim, stating that the search was conducted on the family, and the appellant was part of the family. The Tribunal agreed, noting that the search and subsequent proceedings were valid.

7. General Consideration of Submissions and Grounds of Appeal:
The Tribunal considered all submissions, grounds of appeal, and the statement of facts as part of the appeal. It found that the appellant's arguments were not sufficient to overturn the assessment order or the interest charged.

8. Permission to Withdraw or Modify Grounds of Appeal:
The Tribunal allowed the appellant the liberty to withdraw, modify, or withdraw any ground of appeal with the permission of the court. This flexibility was granted to ensure that the appellant could address any issues arising from the ongoing appeal in the father's case.

Conclusion:
The Tribunal remanded the matter to the Assessing Officer to comply with the High Court's decision regarding the taxability of the amount recovered from the lockers as the income of Dr. G.G. Dhir. The Assessing Officer was directed to recalculate the interest on the residual income after deleting the amount owned by the father. The appeals were allowed for statistical purposes.

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