NALLASAMY GOUNDER RAMESH KUMAR,ERODE vs. DCIT, CENTRAL CIRCLE-3(4), CHENNAI
What did the Tribunal hold?
The Tribunal allowed telescoping of income for earlier assessment years, directing the Assessing Officer to recompute the assessee's income. The addition of Rs.7 Lacs was confirmed to the extent of the balance after considering cash availability.
What were the facts?
The assessee, engaged in oil trading, was subjected to search operations. Incriminating documents indicated an unaccounted cash payment of Rs.47 Lacs. The assessee claimed this was for hedging US dollars, later adjusted against undisclosed oil transactions from FY 2012-13.
What were the issues?
Whether the assessee is entitled to telescoping of income for undisclosed transactions and whether the addition of Rs.7 Lacs is justified after considering cash availability.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, CHENNAI
Before: HON’BLE SHRI V. DURGA RAO, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आयकर अपीलीय अिधकरण “ए” �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHENNAI माननीय �ी वी.दुगा� राव, �ाियक सद! एवं माननीय �ी मनोज कुमार अ%वाल ,लेखा सद! के सम(। BEFORE HON’BLE SHRI V. DURGA RAO, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ (िनधा�रण वष� / Assessment Years: 2013-14) Shri Nallasamy Gounder Ramesh Kumar DCIT, बनाम/ No.158, Veerabhadra Street, Central Circle-3(4) Vs. Hotel Oxford Backside, Erode-638 003. Chennai. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AFMPR-9442-L (अपीलाथ�/Appellant) : (!"थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri Vishva Padmanabhan (CA)- Ld.AR !"थ�कीओरसे/Respondent by : Shri R.Mohan Reddy (CIT) – Ld.Sr .DR सुनवाईकीतारीख/Date of Hearing : 17-05-2023 घोषणाकीतारीख /Date of Pronouncement : 17-05-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member):
The sole grievance of the assessee in the captioned appeal is confirmation of addition of Rs.7 Lacs. The Ld. AR made arguments and sought telescoping of the income. The Ld. CIT-DR has opposed the same. The assessee being resident individual is stated to be engaged in trading / brokering in oils under proprietorship concern namely M/s Asthalakshmi Agencies. The concern acted as an agent of M/s Kallesuwari Refinery Private Ltd. (KRPL) for Erode district. M/s KRPL as well as the assessee was subjected to search u/s 132 on 17.05.2017 and an assessment was framed against the assessee u/s 153C r.w.s. 143(3) of the Act on 30.12.2019 in which addition of Rs.47 Lacs was made.
During the course of search, certain incriminating document was found which indicated unaccounted cash payment of Rs.47 Lacs by M/s Asthalakshmi Agencies to one Shri Nagaraj of M/s KRPL. The payment was stated to be made out of unaccounted stock of crude oil. However, post search proceedings, the assessee submitted that the amount was paid to hedge-off US dollars. Since the transaction could not materialize, the same was adjusted against undisclosed transaction of oil. It was also submitted that the payment was made out of undisclosed income of financial year 2012-13. Considering the same, Ld. AO added an amount of Rs.46.53 Lacs as unexplained investment after adjusting the commission income of Rs.0.47 Lacs as offered by the assessee in the return of income. 3. The Ld. CIT(A), considering the cash flow statement, rendered a finding that the assessee had maximum cash availability of Rs.40 Lacs on 18.05.2012 and therefore, the source to that extent could be accepted. The balance amount of Rs.7 Lacs was confirmed against which the assessee is in further appeal before us. 4. We find that a similar assessment has been framed in assessee’s case for earlier AYs 2011-12 & 2012-13. In AY 2011-12, the assessee has disclosed additional commission income of Rs.0.99 Lacs. In AY 2012-13, Ld. AO has made another addition of commission income of Rs.3.29 Lacs. In our opinion, the telescoping benefit of these two items could be granted to the assessee. We order so. The Ld. AO is directed to recompute the income of the assessee. 5. The appeal stands partly allowed. Order pronounced on 17th May, 2023. Sd/- Sd/- (V. DURGA RAO) (MANOJ KUMAR AGGARWAL) �ाियक सद!/JUDICIAL MEMBER लेखा सद! / ACCOUNTANT MEMBER चे6ई Chennai; िदनांक Dated : 17-05-2023 DS आदेश की Qितिलिप अ%ेिषत / Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��यथ�/Respondent 3. आयकर आयु�त/CIT 4. �वभागीय ��त�न�ध/DR 5. गाड� फाईल/GF
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