ALOK KUNDU,HOWRAH vs. ITO, WARD - 47(3), KOLKATA, KOLKATA

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ITA 2036/KOL/2017Status: DisposedITAT Kolkata03 January 2018AY 2010-114 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the assessee was obliged to explain 50% of the investment. While the assessee claimed sources for his share, no evidence was filed to substantiate these claims. Therefore, the addition was sustained to the extent of 50% of the investment.

What were the facts?

During a survey, the assessee admitted to an unaccounted cash investment of Rs. 3,00,000/- in a company and agreed to offer it as income. However, he later claimed the investment was joint with his wife and partly from business drawings and bank withdrawals.

What were the issues?

Whether the entire investment made by the assessee should be treated as undisclosed income, or if a portion attributable to his wife's share and explained sources can be excluded.

Which sections of the Income-tax Act were involved?

Section 133A,Section 131

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH : KOLKATA

Before: Hon’ble Sri N.V.Vasudevan, JM]

ORDER This is an appeal by the assessee against the order dated 29.05.2017 of CIT(A)-14, Kolkata relating to A.Y.2010-11.

2.

The only grievance of the assessee as projected in the grounds of appeal is with regard to addition of Rs.3,00,000/- made to the assessee’s total income as undisclosed investment.

3.

The Assessee is an individual. He carries on the business of trading in pipe fittings and non ferrous metals. There was a survey conducted in the business premises of the assessee u/s 133A of the Income Tax Act, 1961 (Act) by the revenue on 17.03.2010. In the course of survey it transpired that the assessee had made an investment of Rs.3,00,000/- in a company by name M/s. Alchemist Infra Reality Ltd. In a statement recorded at the time of survey the assessee admitted that he had invested Rs.3,00,000/- in M/s. Alchemist Infra Reality Ltd in cash and that this amount has not been accounted for in his regular books of account. He also admitted that he would offer Rs.3,00,000/- as undisclosed income for A.Y.2010-11. In a subsequent deposition recorded on 16.04.2010 u/s 131 of the Act, by the AO the assessee again took the same stand as was taken at the time of survey.

4.

In the return of income filed, the assessee did not offer a sum of Rs.3,00,000/- to taxation. The assessee took a stand before the AO that the investments in M/s. Alchemist Infra Reality Ltd was made jointly by the assessee and his wife in equal shares. As far as the source of the assessee’s funds for making his contribution of his investment the assessee submitted that the same was out of drawings from assessee’s proprietorship business and partly from withdrawals from the bank. This plea of the assessee was however, rejected by the AO and he brought to tax a sum of Rs.3,00,000/- with the observation that there was no direct evidence to prove the claim of the assessee.

5.

On appeal by the assessee the CIT(A) upheld the order of the AO. The CIT(A) found that the assessee had claimed that there was some withdrawals made in cash from the bank and other sources but these withdrawals were ten days before the deposit in M/s Alchemist Infra Reality Ltd. Moreover no such evidence of withdrawal was filed at the appellate stage also before CIT(A). In these circumstances the CIT(A) found that there was no material filed by the assessee to contradict the statement given at the time of survey which was subsequently confirmed in a statement recorded by the AO u/s 131 of the Income Tax Act, 1961 (Act).

6.

Aggrieved by the order of CIT(A) the assessee has preferred the present appeal before the Tribunal.

7.

I have heard the submissions of the ld. Counsel for the assessee, who reiterated the submissions as were made before the revenue authorities. The ld. DR relied on the order of the AO and the CIT(A). The certificate issued by M/s.. Alchemist Infra Reality Ltd evidencing investments is in the joint names of the assessee and his wife Smt. Sanchita .Kundu. She is assessed to tax and her PAN No.AGDPK 1726 A. The assessee has been pleading before the AO as well as CIT(A) that the assessee cannot be asked to explain 50% of the investments in M/s Alchemist Infra Reality Ltd. This plea of the assessee has not been accepted by the revenue. No valid reasons have been given to reject this plea of the assessee. It may be true that in respect of 50% of the investments viz. a sum of Rs.1,50,000/- the assessee is obliged to explain the sources. The assessee explained the source as withdrawal from proprietorship business M/s. A.K Enterprises and withdrawal from savings bank account of Axis bank on 16.01.2010. He also placed reliance on the cash book which reflects the above withdrawals. However, no evidence was filed to demonstrate the plea of the assessee. Therefore I sustain the addition made by CIT(A) to the extent of Rs.1,50,000/- and delete the addition made in respect of the remaining sum of Rs.1,50,000/-. The appeal of the assessee is partly allowed.

8.

the result the appeal of the assessee is partly allowed.

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