THE PRINCIPAL COMMISSIONER OF INCOME TAX-4 vs. KALPESH ATMARAM PATEL
What did the High Court hold?
The High Court held that the question of law proposed by the Revenue could not be termed as a substantial question of law. The Court noted the concurrent findings of fact by the CIT(A) and the ITAT. The reasoning of the lower authorities was that the documents relied upon by the AO were found at a third party's premises, were not in the assessee's handwriting, did not bear the assessee's name or signature, and no sale deed was registered in the assessee's name. Furthermore, no independent inquiry was conducted by the AO. The Court agreed with the principle that an assessee is not required to explain entries in the books of a third party, and in the absence of independent corroborating material, the statement of Shri Bhikhubhai Padsala before the Settlement Commission was not sufficient to establish a cash transaction between the assessee and Shri Bhikhubhai Padsala for land purchase. The decision in CIT vs. Vineeta Gupta (Delhi High Court) was also noted, supporting the view that declarations before the Settlement Commission are not binding without independent material. Consequently, the appeal was dismissed.
What were the facts?
The Revenue is in appeal against the order of the Income Tax Appellate Tribunal (ITAT) for Assessment Year 2006-07. The assessee had declared a total income of Rs. 3,24,920. A search under Section 132 at the premises of Shri Bhikhubhai Padsala revealed documents with cash payment notations for land parcels at Village Jagatpur. Shri Bhikhubhai Padsala, in his cash flow statement before the Settlement Commission, stated he received cash from the assessee and another person for these land transactions. The Assessing Officer (AO) reopened the assessee's case, treated a sum of Rs. 4,01,00,001 as unexplained cash payment for land purchase, and added it to the assessee's income. The CIT(A) deleted this addition, and the ITAT upheld the CIT(A)'s order, leading to the present appeal by the Revenue.
What were the issues?
1. Whether the Appellate Tribunal has erred in law and on facts by deleting the addition made on account of unexplained income without appreciating the facts of the case in its entirety? Assessee's Contentions: The assessee argued that the documents on which the addition was based were found at a third party's premises, were not in the assessee's handwriting, did not mention the assessee's name, and were not signed by the assessee. The assessee also contended that no sale deed was registered in their name for the Jagatpur land, and no independent inquiry was made by the AO beyond the documents and the cash flow statement of Shri Bhikhubhai Padsala. The assessee relied on the principle that an assessee need not explain entries in a third party's books and cited CIT vs. Vineeta Gupta (Delhi High Court), which held that a declaration by another party before the Settlement Commission is not binding on the assessee without independent material. Revenue's Contentions: The Revenue's case was primarily based on the cash flow statement made by Shri Bhikhubhai Padsala before the Settlement Commission, which indicated cash received from the assessee for land purchase. The AO treated this as sufficient for an addition under Section 68.
Which sections of the Income-tax Act were involved?
Section 132,Section 143(3),Section 147,Section 260A,Section 68,Section 271(1)(c)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
COMMON ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
Since the question of law as proposed by the Revenue in both the captioned tax appeals are common, those were heard analogously and are being disposed of by this common judgment and order.
For the sake of convenience, the Tax Appeal No.838 of 2019 is treated as the lead appeal.
This tax appeal under Section260A of the Income Tax Act, 1961 [for short 'The Act, 1961'] is at the instance of the Revenue and is directed against the order passed by the Income Tax Appellate Tribunal, Ahmeabad 'C' Bench, Ahmedabad dated 26th June, 2019 in the ITA No.963/AHD/2016 for the A.Y. 200607. 4. The facts giving rise to the captioned Tax Appeal may be summarized as under:
1 The assessee filed his return of income for the Assessment Year 200607 declaring total income to the tune of Rs.3,24,920/. It appears that a search was carried out under Section132 of the Act in the case of one Shri Bhikhubhai Padsala. In the course of the search, few documents were recovered and seized by the Investigation Wing. The documents seized by the officials of the Investigation Wing indicated certain notings of cash payments made on various dates with respect to certain parcels of land situated at the VillageJagatpur. Shri Bhikhubhai Padsala furnished a cash flow statement before the Settlement Commission. Shri Bhikhubhai Padsala made a statement before the Settlement Commission that a particular amount in cash was received by him from the assessee and one another person viz.Shri Kamlesh A. Patel. The said cash flow statement was accepted by the Settlement Commission. On the basis of the aforesaid information, the case of the assessee herein was reopened and was completed by passing the assessment order under Section143(3) read with Section147 of the Act. The Assessing Officer treated certain amount as unexplained and added the same to the total income of the assessee.
2 The assessee herein being dissatisfied with the addition made by the Assessing Officer preferred an appeal before the CIT(A). The CIT(A) allowed the appeal and deleted the addition.
3 The Revenue being dissatisfied with the order passed by the CIT(A) went in appeal before the Appellate Tribunal. The Appellate Tribunal concurred with the findings recorded by the CIT(A) and dismissed the appeal preferred by the Revenue.
4 Being dissatisfied with the order passed by the Appellate Tribunal, the Revenue is here before this Court with the present appeal.
The Revenue has proposed the following question of law for the consideration of this Court. “Whether the Appellate Tribunal has erred in law and on facts by deleting the addition made for various Assessment Years on account of unexplained by income without appreciating the facts of the case in its entirety?”
We take notice of the following findings recorded by the Assessing Officer in the impugned order. “From the above description, it become clear that the amount of total transaction involves Rs.10,46,72,668/ out of which Rs.4,01,00,001/ was paid in cash during the year under consideration. The assessee has further argued that he has not purchased any land at Jagatpur from B.N. Padsala or M/s. B. Nanji Group. This argument is also not found acceptable. From the description of the above pages and cash flow statement submitted by Shri Bhikhubhai Padsala before Hon'ble Settlement Commission it become clear that the cash was paid by assessee but it is possible that sale deed may not have been executed till date. Hon'ble Settlement Commission has accepted the cash flow statement submitted by Shri Bhikhubhai Padsala and hence it is established that the assessee paid Rs.4,01,00,001/ in cash for purchase of land. Since, the assessee has not explained any source of payment made in cash for purchase of the land situated at Jagatpur the cash of Rs.4,01,00,001/ is stated as unexplained income and
accordingly added to the total income of the assessee. Penalty proceeding u/s.271(1)(c) is hereby initiated for concealment of income and furnishing of inaccurate particular of income.”
The aforesaid findings recorded by the Assessing Officer did not find favour with the CIT(A) for the following reasons as recorded in the order passed by the CIT(A). (i) The documents on the basis of which additions have been made were not found at the premises of the appellant but at the premises of third party Shri Bhikhubhai Padsala. (ii) The documents found during the course of search at the premises of Shri Bhikhubhai Padsala are not in the hand writings of the appellant. (iii) Name of the appellant was no where mentioned in the documents relied upon for making the additions. (iv) The documents relied upon are not signed by the appellant. (v) The appellant did not enter into land transaction with Shri Bhikhubhai Padsala. If the payment in cash would have been made, the sale deed of the land would have been registered after that. But even after search, the land has not been found registered having name of the appellant as purchaser of the Jagatpur land. (vi) Apart from the documents found during the course of search & cash flow statement submitted by Shri Bhikhubhai Padsala before the Hon'ble Settlement Commission, no other independent inquiry was made by the AO to find out the correct facts.
The aforesaid findings recorded by the CIT(A) ultimately came to be affirmed by the tribunal.
The entire edifice of the revenue's case is the statement made by Bhikhubhai Padsala before the Settlement Commission. Shri Bhikhubhai Padsala stated before the Settlement Commission that he had received the amount in cash from the assessee for the purpose of purchase of the land at VillageJagatpur. According to the Assessing Officer, the same was sufficient for the purpose of addition under Section68 of the Act. 10. aruna
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