2022 (12) TMI 288 - AT - Income Tax

Reopening of assessment u/s 147 - Reasons to believe - deposits in bank account - information of base sheet received by the Assessing officer that the assessee was having bank account with HSBC, Geneva, Switzerland and assessee was not filing return of income nor disclosed such foreign bank account to the department - CIT(A) confirmed the addition by taking a view that the assessee failed to discharge the onus lies upon him and has not furnished the required evidence and details required by the Assessing officer during the assessment - HELD THAT - Considering the peculiar facts and circumstances of the case that the assessee has fully disowning his connection with the alleged bank account in HSBC, Geneva, Switzerland and has agreed to sign or undertake on any declaration for seeking further details of the bank account and ready to discharge his onus if all the documents and information in power and possession is provided to the assessee. Therefore, we deem it appropriate to restore the issue back to the file of Assessing Officer. The Assessing Officer is directed to provide all the information and evidence in his power and possession either received or gathered or collected to the assessee. The assessee is also directed to make full cooperation with the Assessing Officer and to file all the information, document or evidence with regard to his Passport, his various visit to foreign countries and the details of Visa (s). The assessee is further directed to give his consent for obtaining further information regarding the base sheet and to sign necessary declaration, undertaking or any other application or declaration as required by the Assessing Officer for obtaining information from foreign countries including impugned bank account with HSBC Bank, Geneva, Switzerland. So far as issue related with the reopening is concerned, we find that the learned Senior Counsel has not made specific submissions, therefore, those issue is treated as not pressed and dismissed as such. However, ground No. (II) is allowed for statistical purpose.

Summary

Issues Involved:
1. Reopening of Assessment
2. Addition on account of credits in foreign bank accounts
3. Miscellaneous grounds of appeal

Detailed Analysis:

Reopening of Assessment:
The primary issue raised by the assessee was the validity of the reopening of the assessment. The assessee argued that the necessary conditions for a valid reopening were not satisfied and that the reopening was based on borrowed satisfaction without concrete material. The Commissioner of Income Tax (Appeals) (CIT(A)) upheld the reopening, noting that the assessee failed to file the return within the specified time under Section 148, thus debarring him from questioning the jurisdiction of the Assessing Officer (AO). The Tribunal did not find specific submissions on this issue from the assessee's counsel, thus treating it as not pressed and dismissing it.

Addition on Account of Credits in Foreign Bank Accounts:
The core issue was the addition made by the AO based on credits in an offshore HSBC bank account allegedly held by the assessee. The AO received information about substantial deposits in the account, which were not declared in the assessee's income tax returns. The AO issued notices and summons to the assessee, who denied ownership of the bank account and failed to provide the necessary documents, including his passport and details of foreign visits.

The CIT(A) confirmed the addition, stating that the base sheet from HSBC contained detailed information matching the assessee's identity, including his passport details, address, and profession. The CIT(A) noted that the assessee had multiple PAN cards and manipulated documents to obtain them, indicating awareness of the funds in the HSBC account.

The Tribunal, considering the peculiar facts and the assessee's consistent denial of owning the bank account, directed the AO to provide all information and evidence to the assessee. The assessee was instructed to cooperate fully by providing his passport details, foreign visit records, and necessary declarations to obtain further information about the bank account. The Tribunal restored the issue to the AO for a fresh assessment, allowing the appeal for statistical purposes.

Miscellaneous Grounds of Appeal:
The assessee reserved the right to add, alter, or vary any grounds of appeal. However, no specific miscellaneous grounds were addressed in the judgment.

Conclusion:
The Tribunal allowed the appeals for statistical purposes, directing a fresh assessment by the AO with full cooperation from the assessee. The reopening of the assessment was upheld, but the addition based on the foreign bank account credits was remanded for further investigation and verification. The assessee was required to provide all necessary documents and declarations to facilitate a thorough reassessment.