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2022 (6) TMI 1238 - AT - Income TaxProceedings u/s 153A - addition on account of agricultural income - HELD THAT - We find that in the impugned order, the learned CIT(A) after considering the submissions of the assessee and findings of the Assessing Officer has dismissed the appeal filed by the assessee both on jurisdiction as well as on merits of the case. In the absence of any contradictory material being available on record, we are of the considered view that the impugned order passed by the learned CIT(A) requires no interference and, therefore, is upheld. Accordingly, grounds raised by the assessee in its appeal for assessment year 2003 04 are dismissed. Addition u/s 68 - Unexplained cash credit u/s 68 - HELD THAT - the source of the loan and even the source of the sources appear to be all in cash and an arrangement made to explain the credits In the hands of the appellan t- Even the claim of repayment of loan doesn't appear to be genuine as from the bank statement of Prakash Gore in Parvara Sahakari Bank Ltd., It is seen that loan claimed to be repaid to P.N. Yadav and E.K. Kapase on 23/10/2006 occurs after a cash deposit in the same account on the same date. In any case, these so called loan repayments from the above said account appear to be unique when compared to other transactions in the bank account. Also, all these transactions in the bank account had happened subsequent to the ACB search on the appellant's father and the requisition made u/s 132A by the Income Tax Department. Therefore, it can be inferred that this arrangement was made to explain to the authorities the investment in the name of the appellant. Addition confirmed - Decided against assessee.
Issues Involved:
1. Validity of proceedings initiated under Section 153A of the Income Tax Act. 2. Validity and adequacy of the Satisfaction Note for issuing notice under Section 153C. 3. Claim of exempt agricultural income in returns filed under Section 153A. 4. Addition of agricultural income as income from other sources. 5. Addition of Rs. 26 lakhs under Section 68 for unexplained credit. Issue-wise Detailed Analysis: 1. Validity of Proceedings Initiated Under Section 153A: The assessee challenged the validity of the proceedings initiated under Section 153A of the Income Tax Act. The Tribunal noted that the search was conducted by the Anti Corruption Bureau, Thane, and the seized materials were handed over to the Income Tax Department. The Assessing Officer issued a notice under Section 153A(a) requesting the assessee to file a return of income. Despite various reminders, the assessee filed the return of income on 21/11/2008. The Tribunal upheld the validity of the proceedings initiated under Section 153A, rejecting the assessee's argument that no requisition was made under Section 132A in the name of the assessee. 2. Validity and Adequacy of the Satisfaction Note for Issuing Notice Under Section 153C: The assessee argued that the Satisfaction Note recorded on 04/08/2008 was vague and did not meet the parameters required for issuing a notice under Section 153C. The Tribunal observed that the Assessing Officer had recorded satisfaction under Section 153C of the Act and issued notices under Section 153A. The Tribunal accepted the Assessing Officer's claim that the mention of Section 153A should be read as Section 153A r.w.s. 153C, and any error was rectifiable under Section 292B of the Act. The Tribunal concluded that the jurisdiction assumed by the Assessing Officer under Section 153C was valid. 3. Claim of Exempt Agricultural Income in Returns Filed Under Section 153A: The assessee claimed exempt agricultural income in the returns filed under Section 153A for the first time. The Tribunal referred to various judicial precedents, including the judgment in Jai Steel (India) Vs. ACIT, which held that in an assessment under Section 153A, it is not open to the assessee to seek deductions or claims not made in the original assessment. The Tribunal upheld the CIT(A)'s decision that the assessee could not claim exempt agricultural income in the returns filed under Section 153A for the assessment years 2003-04 and 2004-05, as these were unabated proceedings. 4. Addition of Agricultural Income as Income from Other Sources: The Assessing Officer treated the agricultural income claimed by the assessee as income from other sources, as there was no seized or incriminating material to support the claim. The CIT(A) upheld this addition, noting that the assessee had not filed any return of income under Section 139 for the relevant years and had claimed agricultural income for the first time in the returns filed under Section 153A. The Tribunal found no reason to interfere with the CIT(A)'s decision and upheld the addition made by the Assessing Officer. 5. Addition of Rs. 26 Lakhs Under Section 68 for Unexplained Credit: For the assessment year 2007-08, the assessee challenged the addition of Rs. 26 lakhs made under Section 68 for unexplained credit. The Assessing Officer observed that the assessee had taken a loan of Rs. 26 lakhs for a Wine Shop licence but failed to provide loan confirmation, creditworthiness, and other documentary evidence. The CIT(A) upheld the addition, noting that the source of the loan and the sources of the sources were all in cash and appeared to be arranged to explain the credits. The Tribunal found no infirmity in the CIT(A)'s conclusion and upheld the addition. Conclusion: The Tribunal dismissed all the appeals filed by the assessee for the assessment years 2003-04, 2004-05, and 2007-08, upholding the decisions of the CIT(A) on all issues. The Tribunal found that the proceedings initiated under Section 153A and the Satisfaction Note for issuing notice under Section 153C were valid. The claims of exempt agricultural income in returns filed under Section 153A were not allowable, and the additions made by the Assessing Officer were upheld.
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