2000 (6) TMI 13 - HC - Income Tax

Revenue appeal dismissed; addition treating construction income as assessable under Chapter XIV-B invalid due to post-assessment valuer report

The HC dismissed the revenue's appeal and upheld the Tribunal's deletion of an addition treating alleged unexplained income from construction as ... Search And Seizure - Block Assessment - Scope of determination of undisclosed income under Chapter XIV-B - HELD THAT:- According to the Assessing Officer, during the search, it was found that the assessee had constructed a bungalow. It was found that the assessee had incurred expenses of Rs. 4.16 lakhs. The Assessing Officer, thereafter, referred the matter to the Departmental Valuer, who valued the property at Rs. 6.66 lakhs and, accordingly, the difference has been added to the income of the assessee as undisclosed income. The above basis clearly shows that the Department has not understood the scope of Chapter XIV-B of the Income-tax Act. By no stretch of imagination, the impugned addition fell within the Chapter XIV-B. There would be no finality, if the Department is permitted to add back to the income of the assessee on the basis of the Departmental valuer's report obtained subsequent to the order of the regular assessment. Hence, the Tribunal was right in deleting the said addition. Appeal is dismissed. Issues Involved: Determination of undisclosed income under Chapter XIV-B of the Income-tax Act, 1961 based on material found during a search u/s 132.Summary:The High Court of BOMBAY considered an appeal regarding the limitation of determining undisclosed income under Chapter XIV-B of the Income-tax Act, 1961 to material found during a search u/s 132. The assessee's premises were searched, and the Assessing Officer finalized the assessment based on the material found. The Tribunal reduced the undisclosed income amount, leading to the appeal.Questions 1 & 2:The Tribunal deleted additions made on unexplained investment in gold and silver, as the assessee had declared these in the wealth-tax return, which was duly assessed. The Tribunal concluded that the Department's additions on the grounds of undisclosed income were erroneous as the value of the articles was disclosed in the wealth-tax return, accepted by the Department. Therefore, Chapter XIV-B did not apply to these circumstances.Question 3:Regarding unexplained expenses in constructing a residential bungalow, the Tribunal found the addition made by the Assessing Officer was based on a report from the Departmental Valuer. The Tribunal determined that this addition did not fall within Chapter XIV-B, as the Department misunderstood its scope. Adding back income based on the Valuer's report obtained after the regular assessment lacked finality. Thus, the Tribunal rightly deleted this addition.Conclusion:The High Court dismissed the appeal, affirming the Tribunal's decisions in favor of the assessee against the Department. The Court emphasized that Chapter XIV-B did not apply to the disclosed investments and expenses in this case, leading to the Tribunal's justified deletions of the additions.