2023 (3) TMI 477 - AT - Income Tax

Unexplained cash found during the course of search and seizure action - AO has recorded in the assessment order that during the course of search and seizure proceedings cash was found from the possession of the assessee but was not seized as per annexure 5 of the panchnama stated to be belonging to the assessee - HELD THAT - The finding of the CIT(A) is based on the facts that the closing cash balance for the assessment year 2009-10 was held as nil and therefore, there is no opening balance as on 1.4.2009. When the assessee has not challenged the order of the CIT(A) for the assessment year 2009-10 then the said finding of the CIT(A) remained unrebutted and consequently the opening balance claimed by the assessee as on 1.4.2009 cannot be accepted. We do not find any error or illegality in the order of the CIT(A) qua this issue. Enhancement of assessment on account of cash deposited by the assessee in the saving bank account with Allahabad Bank - HELD THAT - From the bank statement of the assessee, it transpires that there is no cash withdrawal by the assessee during the financial year under consideration. Therefore, the assessee has not produced any record showing the withdrawal of cash from the bank either during the year under consideration or in the preceding year which could be available with the assessee for making the deposit in the bank account. Accordingly, we do not find any error or illegality in the impugned order of the CIT(A) qua this issue. Appeal of the assessee is dismissed.

Issues Involved:
1. Validity of the assessment framed under section 143(3) of the Income Tax Act.
2. Jurisdiction of the assessing officer to pass the block assessment order.
3. Determination of undisclosed income/investment based on search material.
4. Addition on account of low withdrawal for household expenditure.
5. Addition of unexplained cash found during search and seizure.
6. Enhancement of income by the Commissioner of Income Tax (Appeals) under section 69.
7. General observations and findings by the lower authorities.
8. Interest charged under different sections of the Income Tax Act.
9. Right to take further grounds of appeal.

Detailed Analysis:

1. Validity of the assessment framed under section 143(3):
The assessee claimed that the assessment framed under section 143(3) was unjustified, illegal, and bad in law. However, this ground was not pressed by the assessee during the hearing, and thus, it was dismissed as not pressed.

2. Jurisdiction of the assessing officer to pass the block assessment order:
The assessee contended that the assessing officer had no jurisdiction to pass the block assessment order in the absence of valid action under section 132 of the Income Tax Act. This ground was also not pressed by the assessee and was dismissed accordingly.

3. Determination of undisclosed income/investment based on search material:
The assessee argued that the undisclosed income/investment was not determined based on any search material and that the lower authorities proceeded as if it was a normal assessment. This ground was not pressed by the assessee and was dismissed.

4. Addition on account of low withdrawal for household expenditure:
The assessee challenged the addition of Rs. 1,80,000 out of Rs. 3,00,000 made by the assessing officer for low household expenditure. This ground was also not pressed by the assessee and was dismissed.

5. Addition of unexplained cash found during search and seizure:
The assessing officer added Rs. 6,70,000 as unexplained cash found during the search and seizure action. The assessee explained that the cash was from withdrawals from M/s Kesarwani Zarda Bhandar and amounts returned by her daughter and son-in-law. However, the assessing officer did not accept this explanation due to inconsistencies and lack of evidence. The CIT(A) upheld this addition, noting that the assessee had no cash balance as on 31.03.2009 after considering the expenditure on the "Terahavin bhoj" ceremony. The Tribunal found no error in the CIT(A)'s order and upheld the addition.

6. Enhancement of income by the Commissioner of Income Tax (Appeals) under section 69:
The CIT(A) enhanced the assessee's income by Rs. 5,70,000 due to unexplained cash deposits in the bank. The assessee argued that the enhancement was arbitrary and without sufficient opportunity for hearing. The Tribunal noted that the CIT(A) issued a show cause notice for enhancement, and no reply was received from the assessee. The Tribunal upheld the enhancement, agreeing with the CIT(A) that there was no cash balance available for the deposits, and thus, the deposits were unexplained.

7. General observations and findings by the lower authorities:
The assessee contended that the observations and findings for making and confirming the additions were incorrect and contrary to the actual facts. However, this ground was not pressed by the assessee and was dismissed.

8. Interest charged under different sections of the Income Tax Act:
The assessee argued that the interest charged under different sections was unjustified and illegal. This ground was not pressed by the assessee and was dismissed.

9. Right to take further grounds of appeal:
The assessee reserved the right to take any further grounds of appeal before the hearing of the appeal. This ground was not specifically addressed in the judgment.

Conclusion:
The appeal of the assessee was dismissed in its entirety. The Tribunal upheld the additions and enhancements made by the lower authorities, finding no error or illegality in their orders. The Tribunal emphasized the importance of providing consistent and supported explanations for cash transactions and adhering to procedural requirements for challenging assessments.

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