2022 (12) TMI 583 - AT - Income Tax

Ex-parte order - Computation of Long Term Capital Gains - assessee s father purchased two properties 1961 in the name of the assessee and his brother who at the time were minor children. After the death of the farther, the aforesaid properties vested with both the sons in equal proportion as per the will of their Father - aforesaid properties (two) were sold by the assessee and his brother, with his sister acting as a power of attorney holder) vide sale deed - CIT-A so computed unexplained credits in the hands of assessee, interest income and short-term capital gains on mutual funds in the hands of assessee - HELD THAT - In the instant case, we observe that despite a large number of opportunities, the assessee has not caused appearance before us to argue his case on merits. We observe that Ld. CIT(A) has after taking into consideration all the facts has passed a detailed and reasoned order, the relevant extracts of which have been reproduced above. The assessee has not produced any material or given any arguments to controvert any of the findings made by Ld. CIT(A). Accordingly, in our view, we find no infirmity in the order of Ld. CIT(A) and we accordingly dismissed the appeal of the assessee in light of the detailed order passed by Ld. CIT(A) considering the facts of the case. Appeal of the assessee is dismissed.

Summary

Issues Involved:
1. Computation of Long Term Capital Gains on sale of immovable property.
2. Additions of interest income from banks.
3. Additions of unexplained cash deposits in bank accounts.
4. Additions of short-term capital gains on mutual funds.
5. Penalty proceedings under section 271(1)(c) of the Income Tax Act.

Issue-wise Detailed Analysis:

1. Computation of Long Term Capital Gains on sale of immovable property:
The primary issue revolved around the computation of long-term capital gains (LTCG) on the sale of immovable property. The properties in question were purchased in 1961 by the assessee's father in the names of the assessee and his brother. Upon their father's death, the properties vested equally between the two brothers as per the will. The properties were sold in 2010, with the sister acting as a power of attorney holder. The Assessing Officer (AO) initially computed the capital gains by allocating part of the sale consideration to the sister, factoring in her role as a power of attorney holder. However, the Commissioner of Income Tax (Appeals) [CIT(A)] found this allocation incorrect, as the sister was never an owner of the properties. The CIT(A) re-computed the LTCG by allocating the entire sale consideration of one property to the assessee and 50% of another property to the assessee, along with apportioning the on-money received and brokerage expenses between the two brothers. The Tribunal upheld the CIT(A)'s detailed and reasoned order, finding no infirmity in it.

2. Additions of interest income from banks:
The AO added Rs. 11,641/- as interest income from banks based on the arbitrary profit and loss account prepared. The CIT(A) confirmed this addition after verifying the bank accounts and statements. The Tribunal found no material or arguments from the assessee to counter the CIT(A)'s findings, thereby upholding the addition.

3. Additions of unexplained cash deposits in bank accounts:
The AO treated Rs. 3,518/- as unexplained cash deposits in the bank accounts. The CIT(A) confirmed this addition after examining the appellant's bank statements, which revealed various cash/cheque receipts that were not substantiated. The Tribunal upheld the CIT(A)'s order, noting the absence of any material or arguments from the assessee to challenge the findings.

4. Additions of short-term capital gains on mutual funds:
The AO added Rs. 2,638/- as short-term capital gains on mutual funds. The CIT(A) confirmed this addition, noting the transactions in mutual funds and fixed deposits. The Tribunal upheld the CIT(A)'s order, as the assessee did not provide any counterarguments or evidence.

5. Penalty proceedings under section 271(1)(c) of the Income Tax Act:
The penalty proceedings under section 271(1)(c) were initiated due to the aforesaid additions. The CIT(A) confirmed the penalty of Rs. 18,36,849/-. The assessee's appeal against the penalty was dismissed by the Tribunal, as the quantum appeal had already been dismissed, thereby affirming the penalty.

Conclusion:
The Tribunal dismissed both appeals of the assessee, upholding the detailed and reasoned orders of the CIT(A) regarding the computation of LTCG, additions of interest income, unexplained cash deposits, short-term capital gains, and the penalty imposed under section 271(1)(c) of the Income Tax Act. The judgment was pronounced in the open court on 12-12-2022.