2012 (9) TMI 476 - AT - Income Tax

Ownership of investments in Indira Vikas Patras clarified in favor of company over director

The case involved disputes over the ownership of investments in Indira Vikas Patras (IVPs) and the subsequent interest income. The court ruled in favor of ... Addition to income on account of Indra Vikas Patra found from locker – AO issue notice u/s 148 on the basis of CBI raid - Held that:- Though assessee is also director in Company. The investment and income from IVPs has been duly reflected in the balance sheet & P&L of the company. As IVPs assessed in the hands of company then how these IVPs can assess in the hands of assessee. And there was nothing wrong to keep IVPs which are bearer in nature in the personal locker of directors. Appeal decides against department. Issues:1. Addition of investments in IVPs and interest thereon in the hands of the assessee.2. Claim that investments in IVPs belonged to the company, not the assessee.3. Double taxation issue due to the addition of share application money in the company's hands.Issue 1: Addition of investments in IVPs and interest thereon in the hands of the assesseeThe case involved the revenue appealing against the deletion of the addition of investments in Indira Vikas Patras (IVPs) and interest thereon by the Ld CIT(A). The Assessing Officer had added the amount of Rs. 9,00,000/- and interest of Rs. 82,875/- to the income of the assessee. The revenue argued that since the IVPs were found in the personal locker of the director, they could not be considered as belonging to the company. However, the Ld CIT(A) found that the investment in IVPs was made by the company, properly reflected in its books of accounts, and the income was assessed in the hands of the company. The Ld CIT(A) concluded that the addition made by the Assessing Officer was not sustainable and directed it to be deleted.Issue 2: Claim that investments in IVPs belonged to the company, not the assesseeThe assessee contended that the investments in IVPs of Rs. 9,00,000/- belonged to the company, M/s RP Singh & Co. Pvt. Ltd., and were bearer in nature, kept in a locker maintained in the joint name of the director and his wife. The company had properly disclosed and reflected these investments in its books of accounts, with the income earned from them assessed in the company's hands. The Ld AR argued that the investments being bearer in nature did not imply ownership by the locker holders. The Ld CIT(A) accepted the submissions, emphasizing that the investments were already assessed in the hands of the company, and hence, the addition in the assessee's hands was not justified.Issue 3: Double taxation issue due to the addition of share application money in the company's handsThe revenue raised concerns about double taxation, mentioning that an addition of Rs. 13,90,000/- was made in the hands of the company for share application money, which the assessee claimed was used for purchasing IVPs. The Ld AR argued that since the share application money had already been taxed in the company's hands, there should not be double taxation in the hands of the director. The Tribunal observed that the income from IVPs was reflected in the company's P&L Account and investments in IVPs were duly shown in the balance sheet. Considering these factors, the Tribunal concluded that the amount of IVPs along with interest had already been assessed in the company's hands, thus dismissing the revenue's appeal.In conclusion, the judgment focused on the ownership of investments in IVPs, emphasizing that they belonged to the company and were properly accounted for in its books. The Tribunal ruled in favor of the assessee, highlighting that the investments and income from IVPs had already been assessed in the company's hands, thereby rejecting the revenue's appeal and dismissing the addition in the assessee's income.