J.S. ANANTH vs. ACIT,
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the seized notebooks found in the assessee's possession created a presumption against the assessee. Since the assessee failed to prove the notebooks did not belong to them or that the entries were not related to suppressed sales, the addition made by the AO was upheld.
What were the facts?
During a search, notebooks seized from the assessee's premises contained entries suggesting suppressed sales by altering bill values. The assessee disputed the handwriting in the notebooks and claimed sales were correctly recorded.
What were the issues?
Whether entries in seized notebooks found in the assessee's possession, indicating suppressed sales, can be used to make an addition without proving the handwriting belongs to the assessee or family members.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, BENGALURU BENCH B, BENGALURU
Before: SHRI. A. K. GARODIA & SHRI. LALIET KUMAR
PER LALIET KUMAR, JUDICIAL MEMBER :
This appeal is filed by the assessee, against the order of the CIT (A), Mysuru, for the assessment year 2003-04. Although the assessee ITA.347/Bang/2013 Page - 2 has raised as many as five grounds in its appeal, arguments were made only in respect of ground no.2, which is as under :
2. Without prejudice, the AO has erred in making an addition of Rs.11,05,000/- as suppressed sale. There were no change in bills, no suppression of sale or under recording of sales. The sales have been duly recorded and are duly explained. The addition of Rs.11,05,000/- is done only on surmises and conjecture and is not supported by law and evidence and hence is to be deleted.
It is the case of the assessee before us that the assessee was carrying on the business in the name of Sudarshan Silks and Sarees. A search u/s.132 was conducted on 11.10.2007 and notice u/s.153A was issued to the assessee calling upon the assessee to file the return. Sudarshan Silks had taken over the business of Sudarshan Silks & Sarees with effect from 01.02.2004, as a going concern and therefore the return was filed by the erstwhile partner, namely the assessee before us.
During the course of search, the note books inventorised as A3/JSA & V/04, dt.30.11.2007 were seized from the residential premises of the partner. The book has a title ‘change of bills’. The AO has examined the various entries of change of bills with the bills and has tabulated the same in para 4 of the assessment order which is reproduced below :
ITA.347/Bang/2013 Page - 3 Thus on the basis of the above under-disclosed sales on account of change in value of the bills, the assessee has suppressed the income of Rs.11,05,000/-. The assessee filed reply to the show-cause notice and in the reply the assessee had disputed the under-valuation of the sales. It was also disputed that the assessee was not aware as to whose hand- writing was in the note-book. It was not submitted that it was not in the hand-writing of any of the partners. It was affirmed that the sales was correctly recorded. Not being convinced with the reply, the AO made an addition to the extent of Rs.11,05,000/-. Being aggrieved with the addition, the assessee filed an appeal before the CIT (A).
ITA.347/Bang/2013 Page - 4
Before the CIT (A), assessee affirmed the submissions made before the AO. The CIT (A) after going through the reply also confirmed the addition made by the AO. Feeling aggrieved by the order of the CIT (A), assessee is in appeal before us.
The Ld. AR has vehemently submitted that once the evidence relied upon by the Revenue has not been proved in records in accordance with law, the same cannot form the basis for making addition against the assessee. It was submitted that the hand-writing in the note-books were not of any of the family members of the assessee and therefore the same cannot be relied upon.
On the other hand, the Ld. DR supported the case of the Revenue by relying upon the order of the lower authorities.
We have heard the rival contentions and perused the records. In our view, it is beyond the pale of controversy that the note books inventorised as A3/JSA & V/04 were seized from the premises of the assessee. It is also not challenged by the assessee that these seized articles were duly inventorised and a seizure memo was prepared by the investigating team having signature of the witnesses, in whose presence these articles were found. In the reply filed before the lower authorities, it was only disputed that the hand-writing in the note- books is not of any family members of assessee .
ITA.347/Bang/2013 Page - 5
In our view, the presumption of law operates against the assessee as it is for the assessee to establish and prove that the documents seized / note books seized did not belong to the assessee and the entries therein were not the changed entries of high-value sale of the assessee. The assessee was merely denying the signatures in the note-books, but it is for the assessee to prove how the note-books were found during the search from the premises of the assessee from his possession. When the note-books found from the premises of the assessee, duly reflects suppression of sales by changing the high-value entries with low-value entries and assessee failed to rebut this presumption therefore presumption lies against the assessee , therefore order of AO is required to be upheld . The assessee has therefore failed to prove the case beyond the shadow of doubt. Accordingly we find no ground for interference in the order passed by the lower authorities.
In the result, appeal of the assessee is dismissed.
Order pronounced in the open court on 13th day of October, 2017.
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