DANISH ALI,MORADABAD vs. ACIT CENTRAL CIRCLE, MORADABAD
What did the Tribunal hold?
The Tribunal held that the expenditure of Rs. 35,00,000/- incurred on the assessee's marriage was duly explained. The Tribunal observed that seized documents indicated payments of Rs. 15,34,000/- to Mr. Manish Malhotra for clothing during the marriage. The fund flow statement showed an application of Rs. 35,00,000/-, with the immediate sources being withdrawals from partnership firms, withdrawals by the assessee's brother, and income offered for tax on account of marriage gifts. Therefore, the expenditure was considered explained. Consequently, the Tribunal found the action of the AO in invoking Section 69C to be incorrect. As the expenditure was held to be explained and Section 69C could not be invoked, the question of applying Section 115BBE did not arise. The Tribunal noted that the observation of the Ld. CIT(A) in paragraph 17 of the order was not correct and was excluded. The ratio decidendi is that if an expenditure is demonstrably sourced from explained funds, even if it pertains to a significant event like a marriage, it cannot be added as unexplained expenditure under Section 69C, nor can special rates under Section 115BBE be applied.
What were the facts?
The assessee, Danish Ali, filed an appeal against the order of the Ld. CIT(A) for Assessment Year 2017-18. The appeal arose from an assessment order passed by the AO under Section 143(3) of the Income Tax Act, 1961. The assessee had initially offered an additional income of Rs. 55,00,000/- on account of marriage gifts. The AO invoked Section 68 and Section 115BBE. The Ld. CIT(A) accepted the assessee's contention that this was income from other sources and set aside the AO's action. However, the assessee also claimed that Rs. 35,00,000/- was inadvertently included as unexplained expenditure for his marriage, arguing it was a double taxation as it was already accounted for in the fund flow statement from various sources including bank withdrawals, partnership firm withdrawals, and disclosed income. This claim was rejected by both the AO and the Ld. CIT(A). The dispute before the ITAT concerns the addition of Rs. 35,00,000/- under Section 69C.
What were the issues?
1. Whether the addition of Rs. 35,00,000/- under Section 69C of the Income Tax Act, 1961, is justified, considering the assessee's claim that the expenditure was incurred on his marriage and was already accounted for in his fund flow statement from explained sources, thus amounting to double taxation. Assessee's contentions: - The assessee was not subjected to any statements under Section 132(4) during a search. - The Ld. CIT(A)/AO failed to consider that Rs. 35,00,000/- was incurred on marriage from Rs. 55,00,000/- already disclosed as income, and another Rs. 25,00,000/- withdrawn by his brother from M/s Vision Exports, making the addition a case of double taxation. - The provisions of Section 69C were not applicable to the facts of the assessee's case. Revenue's contentions: - Not recorded in the judgment.
Which sections of the Income-tax Act were involved?
Section 69C,Section 115BBE,Section 68,Section 132(4),Section 143(3),Section 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI “B” BENCH: NEW DELHI
Before: SHRI SATBEER SINGH GODARA & SHRI MANISH AGARWAL
The present appeal is filed by the assessee against the order dated 07.08.2019 passed by Ld. Commissioner of Income Tax (A)- III, Lucknow [“Ld.CIT(A)”] in Appeal No.46/DCIT/CC/MBD./CIT(A)- III/Lko./18-19 passed u/s 250 of the Income Tax Act, 1961 [“the Act”] arising out of the assessment order dated 30.12.2018 passed u/s 143(3) of the Act pertaining to Assessment Year 2017-18.
The assessee has raised following grounds of appeal:- 1. “That the Ld. CIT(A) has erred on facts and under the law in confirming the addition of Rs. 3500000/- Under section 69C of the Income tax Act, 1961 inter alia because; (i) The appellant was not subjected to any statements u/s 132(4) of the Income-tax Act, 1961 during the course of search. (ii)The Ld. CIT (A)/ AO had failed to appraise the fact that a sum of Rs. 35,00,000/- was incurred by the appellant on his marriage out of Rs. 55,00,000/- already disclosed by him as his income and Page | 1
another sum of Rs. 25,00,000/- withdrawn by the brother of the appellant Mr. Tariq Ali from M/s Vision Exports. The impugned addition tantamount to double taxation. (iii) Provisions of section 69C of the IT Act in terms had no application to the facts of Appellant's case. 2. The appellant craves leave to add one or more grounds of appeal or to alter/modify the existing grounds before or at the time of hearing the appeal.”
3. Heard the contentions of both the parties and perused the material available on record. From the perusal of the orders of the lower authorities, it is seen that assessee has offered additional income of Rs. 55.00 lacs on account of marriage gifts received from friends and relatives at the time of his marriage as income from other sources and filed the lists of the guests. The AO though accept the additional income offered by the assessee however, had invoked the provisions of section 68 of the Act and charge the tax at special rates as provided in section 115BBE of the Act. The ld. CIT(A) after considering the submissions of the assessee accepted his contentions and held the same as income from other sources and set aside the action of AO in applying the provisions of section 68 r.w.s. 155BBE of the Act.
4. Besides this assessee claimed that inadvertently in the return of income, additional income of Rs. 35.00 lacs as unexplained expenditure incurred at the time of his marriage was included in the total income of the assessee and due taxes were paid. However, later it was realized that this amount was claimed as application of funds in fund flow statement wherein the funds were either from bank withdrawal or withdrawal from partnership firms or the income offered for tax thus the amount of Rs.35.00 lacs as offered Page | 2 for tax is double taxation and it was requested to withdraw such additional income. This claim of the assessee was not accepted by the AO as well as by ld. CIT(A).
5. On perusal of the seized documents bearing page Nos. 6-18 of Anx. No. LP-3 of party A-1, as available in paper book pages 39-51 filed by the assessee, it is seen that as per these papers, total sum of Rs. 15,34,000/- was paid to Mr. Manish Malhotra towards the purchases of cloths during the marriage of the assessee as against which in fund flow statement, assessee claimed application of Rs. 35.00 lacs which is evident from page 2 of paper book of the assessee. As observed above, the immediate source of the same is out of withdrawals made by the assessee from the partnership firms, withdrawal by his brother Shri Tariq Ali and income offered for tax on account of marriage gift etc., thus the expenditure incurred on the marriage of the assessee are explained expenditure. Further as observed above, total payment made to designer Mr. Manish Malhotra was of Rs. 15,34,000/- only therefore, the observation of ld. CIT(A) in para 17 of the order is not correct and thus excluded. Since the expenses of Rs. 35.00 lacs is duly supported by the explained sources therefore, the action of AO in invoking the provisions of section 69C of the Act is not correct and therefore, it is held that the expenditure is duly explained.
So far as the application of provisions of section 115BBE of the Act, since we have held the expenditure as explained and provision of section 69C could not be invoked, the question of application of section 115BBE of the Act does not arise. With these observations, all the grounds of appeal taken by the assessee are partly allowed.
In the result, appeal of the assessee is partly allowed.
Order pronounced in the open Court on 27.05.2025.
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