2014 (4) TMI 533 - AT - Income Tax

Appeal Outcome: Remittals, Re-examination, and Upheld Additions

M/s. Konichiva Builders Pvt. Ltd. Versus ACIT, Central Circle-9, New Delhi

M/s. Konichiva Builders Pvt. Ltd. Versus ACIT, Central Circle-9, New Delhi - TMI Issues Involved:1. Delay in filing the appeals.2. Rejection of books of accounts.3. Estimation of income on accommodation sale bills/turnover.4. Estimation of income on accommodation fresh investments.5. Treatment of Rs. 68,80,622/- as income under Section 69 of the Income Tax Act.6. Addition of Rs. 84,00,000/- on a protective basis.Detailed Analysis:1. Delay in Filing the Appeals:At the outset, there was a delay of 43 days in filing the appeals before the Tribunal. The reasonable cause for the delay was the critical illness and subsequent death of the Director's father, which preoccupied the Director with the associated rites. After hearing both counsels and reviewing the records, the Tribunal condoned the delay and admitted the appeals.2. Rejection of Books of Accounts:The assessee's books of accounts were rejected based on evidence obtained during a search and seizure operation, which indicated that the assessee was involved in providing bogus accommodation entries and not conducting genuine business. The Ld. Counsel for the assessee did not vehemently press this issue. The Tribunal found no infirmity in the authorities' decision to reject the books of accounts due to the lack of proper maintenance and the bogus nature of the transactions.3. Estimation of Income on Accommodation Sale Bills/Turnover:The income from accommodation sale bills/turnover was estimated at 2% based on statements provided by the Director, S.K. Gupta, who admitted to earning a commission of 1.5% to 2% for providing accommodation entries. The Tribunal upheld the 2% estimation but noted that the assessee should be allowed to prove incurred expenditures with cogent material. The issue was remitted to the AO to examine the allowance of expenditure based on materials submitted by the assessee.4. Estimation of Income on Accommodation Fresh Investments:The AO estimated the income at 2% on accommodation fresh investments. The assessee argued that the estimate should be based only on initial and fresh investments, not on the rotation of the investment amount. The Tribunal noted that the method of computation for the investment amount was unclear and remitted the issue to the AO to re-examine and arrive at the investment figure on a cogent basis.5. Treatment of Rs. 68,80,622/- as Income under Section 69:The AO added Rs. 68,80,622/- as unexplained investment based on seized documents indicating higher payments for land purchases than recorded in the sale deeds. The assessee claimed these documents were pre-negotiation quotations from brokers. The Tribunal found that the nature of the seized documents was not adequately examined, and the brokers were not questioned. The matter was remitted to the AO for a fresh examination of the documents and necessary verification, including confronting the brokers and sellers.6. Addition of Rs. 84,00,000/- on a Protective Basis:The AO added Rs. 84,00,000/- on a protective basis, suspecting the sales to Reliance Industries as accommodation entries without corroborative evidence. The assessee's subsequent affidavit claiming actual work done for Reliance was deemed an afterthought. The Tribunal upheld the protective addition, noting the absence of suitable evidence to counter the AO's findings and the legitimacy of protective assessments as recognized by the Supreme Court.Conclusion:In conclusion, the Tribunal partly allowed the appeals for statistical purposes, remitting certain issues back to the AO for further examination and verification. The order was pronounced in the open court on 14/2/2014.