2010 (6) TMI 600 - AT - Income Tax

ITAT Confirms Deletions & Set-Offs in Tax Case: Undisclosed Income, Unexplained Jewellery, Cash Credits

Deputy Commissioner of Income-tax, Circle, Katni Versus Vishwanath Prasad Gupta

Deputy Commissioner of Income-tax, Circle, Katni Versus Vishwanath Prasad Gupta - TMI Issues Involved:1. Deletion of addition of Rs. 20 lakhs as undisclosed income.2. Addition of Rs. 13,11,500 on account of unexplained jewellery.3. Deletion of addition of Rs. 48,285 and Rs. 38,018 on account of jewellery belonging to Smt. Smita Gupta and Shri Mukesh Gupta respectively.4. Deletion of addition of Rs. 2 lakhs treating the gift received as unexplained cash credit.5. Deletion of addition of Rs. 4,50,000 on account of unexplained cash credits.6. Deletion of addition of Rs. 18,000 on account of interest paid to cash creditors.7. Allowing set-off of Rs. 5,28,302 from the addition of Rs. 12 lakhs confirmed by the CIT(A).Issue-wise Detailed Analysis:1. Deletion of Addition of Rs. 20 Lakhs as Undisclosed Income:The revenue appealed against the deletion of Rs. 20 lakhs added by the Assessing Officer as undisclosed income. The CIT(A) deleted the addition, verifying that the amount was withdrawn from M/s. Dolphin Marbles Pvt. Ltd. and paid to the assessee. The ITAT confirmed the CIT(A)'s order, noting no evidence that the amount was used elsewhere, thus, no addition was warranted.2. Addition of Rs. 13,11,500 on Account of Unexplained Jewellery:The Assessing Officer added Rs. 13,11,500 as unexplained jewellery in the name of Smt. Saroj Gupta. The CIT(A) deleted the addition, noting that Smt. Saroj Gupta was assessed to tax and the jewellery was explained through purchase bills and past assessments. The ITAT upheld the CIT(A)'s decision, agreeing that any unexplained jewellery should be taxed in Smt. Saroj Gupta's hands, not the assessee's.3. Deletion of Addition of Rs. 48,285 and Rs. 38,018 on Account of Jewellery Belonging to Smt. Smita Gupta and Shri Mukesh Gupta:The Assessing Officer added Rs. 48,285 and Rs. 38,018 for unexplained jewellery belonging to Smt. Smita Gupta and Shri Mukesh Gupta. The CIT(A) deleted these additions, accepting the explanations provided. The ITAT upheld the CIT(A)'s order, noting that the jewellery received during marriage and purchases were adequately explained and supported by evidence.4. Deletion of Addition of Rs. 2 Lakhs Treating the Gift Received as Unexplained Cash Credit:The Assessing Officer added Rs. 2 lakhs as unexplained cash credit, questioning the genuineness of the gift received from Shri Naveen Khera. The CIT(A) deleted the addition, accepting the gift deed and confirmation from the donor. The ITAT upheld the CIT(A)'s decision, noting the absence of evidence that the money was routed back to the assessee.5. Deletion of Addition of Rs. 4,50,000 on Account of Unexplained Cash Credits:The Assessing Officer added Rs. 4,50,000 as unexplained cash credits. The CIT(A) deleted the addition, noting that the creditors were assessed to tax, and the loans were reflected in their balance sheets. The ITAT upheld the CIT(A)'s decision, agreeing that the assessee had discharged the onus of proving the identity, capacity, and genuineness of the transactions.6. Deletion of Addition of Rs. 18,000 on Account of Interest Paid to Cash Creditors:This addition was consequential to the previous issue. Since the ITAT upheld the deletion of Rs. 4,50,000, the deletion of Rs. 18,000 on account of interest paid was also upheld.7. Allowing Set-off of Rs. 5,28,302 from the Addition of Rs. 12 Lakhs Confirmed by the CIT(A):The CIT(A) allowed the set-off of Rs. 5,28,302 against the addition of Rs. 12 lakhs confirmed on account of blank cheques found with the assessee. The ITAT upheld the CIT(A)'s decision, noting that the set-off was justified based on the excess disclosure of income by the assessee.Separate Judgments:The Accountant Member dissented on several issues, particularly on the deletion of Rs. 20 lakhs and the addition of Rs. 2 lakhs as unexplained cash credit. The Third Member agreed with the Vice-President on these issues, confirming the deletion of Rs. 20 lakhs and the gift of Rs. 2 lakhs as explained. The Third Member also upheld the set-off of Rs. 5,28,302 and the deletion of Rs. 4,50,000 and Rs. 18,000.