NAMDEV KRISHNA PATIL,KOLHAPUR vs. INCOME-TAX OFFICER, WARD - 2 (2), KOLHAPUR

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ITA 479/PUN/2019Status: DisposedITAT Pune03 February 2022AY 2008-094 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, following its own order for a previous assessment year with similar facts, set aside the impugned order. The matter was remitted back to the Assessing Officer for a fresh decision.

What were the facts?

During a survey, a diary with entries of kick-backs received by the assessee was found. The assessee initially admitted to receiving these kick-backs and offered voluntary income, but later retracted the admission.

What were the issues?

Whether the addition of undisclosed income based on an initial admission, which was subsequently retracted, is sustainable. The similarity of facts with a previous assessment year's case.

Which sections of the Income-tax Act were involved?

Section 133A,Section 148

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE – VIRTUAL COURT

Before: SHRI R.S. SYAL

For Respondent: Shri M.G. Jasnani

आदेश / ORDER PER R.S.SYAL, VP : This appeal by the assessee is directed against the order passed by the CIT(A)-2, Kolhapur on 01-02-2019 in relation to the assessment year 2008-09. 2. The only issue raised in this appeal is against the confirmation of addition of Rs.1,50,837 as undisclosed income. 3. Briefly stated, the facts of the case are that the assessee was employed with M/s. Athani Farmers Sugar Factory Ltd. A Survey was conducted u/s 133A of the Income-tax Act, 1961 (hereinafter referred to as „the Act‟) in the premises of sugar factory on 18.01.2012. A diary was found during the course of Survey on which, the name of assessee was found embossed. The diary contained entries of kick-backs received from various companies during the financial years 2005-06 to 2008-09. The assessee during the course of Survey admitted that the entries pertained to him and confirmed the receipt of kick-backs and admitted voluntary income for A.Ys. 2006-07 to 2008-09. This information was passed on to the office of the AO, who issued notice u/s 148 of the Act. However, an affidavit was filed before the JMFC, Jalgaon retracting the earlier admission in regard to the kick-backs received by him. The AO made an addition of Rs.1,50,000 on the basis of admission of the receipt of kick-backs, which was later on retracted. The ld. CIT(A) affirmed the addition.

4.

I have heard the ld. DR and gone through the relevant material on record. There is no appearance from the side of the assessee despite service of notice. It is seen that the assessee admitted voluntary income in regard to kick-backs during the course of Survey, which pertained to certain years, including, A.Y. 2006-07. During the course of assessment proceedings for the A.Y. 2006-07 also, the assessee retracted the admission but the AO made the addition for the said sum of Rs.1,02,25,000. When the matter came up before the Tribunal, it, set aside the assessment order and remitted the matter to the file of AO for fresh decision in the light of certain directions. The ld. DR fairly conceded that the facts and circumstances of this year were mutatis mutandis similar to the A.Y. 2006-07. Respectfully following the order of the Tribunal in the assessee‟s own case for the A.Y. 2006-07, I set aside the impugned order and remit the matter to the file of the AO for deciding the issue afresh as per law in conformity with the directions given by the Tribunal for the A.Y. 2006-07. Needless to say, the assessee will be accorded a reasonable opportunity of hearing.

5.

In the result, the appeal is allowed for statistical purposes.

Order pronounced in the Open Court on 3rd February, 2022.

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