2014 (4) TMI 748 - HC - Income Tax

High Court Upholds Tribunal Decisions on Tax Appeals

The High Court of Madhya Pradesh dismissed the appeals filed by the department challenging concurrent orders passed by the Commissioner of Income Tax ... Notional Interest - Accrual of interest – Held that:- the amount has been accepted by the assessee as its own income, there is no justification in assuming that the assessee has paid interest on such amount - No addition is required on the basis of assuming interest on the amount which has already been accepted by the assessee as his own income - The reasonable approach has been adopted by the Tribunal – thus, no error of law is committed and no substantial question of law is arise for consideration – Decided against Revenue. Issues:1. Challenge to concurrent orders passed by Commissioner of Income Tax (Appeals) and Tribunal.2. Assessment of income for the assessment years 2009-10 and 2008-09.3. Addition under Section 69D for excess stock and amount borrowed on Hundi.4. Assessment of undisclosed sales of stock and interest on Hundi loan for the year 2008-09.5. Consideration of stock assessment and directions given by the Tribunal.6. Addition under Section 69D regarding Hundi loans and the Tribunal's decision.7. Deletion of addition under Section 69C by the Commissioner of Income Tax (Appeals).8. Dismissal of appeals by the Tribunal and no substantial question of law arising.Analysis:1. The appeals were filed by the department challenging the concurrent orders passed by the Commissioner of Income Tax (Appeals) and the Tribunal for the assessment years 2009-10 and 2008-09. The assessee, an individual dealing in various products, had a search and seizure operation conducted at their premises. The Assessing Officer computed the total income for the year 2009-10, including additions under excess stock and Hundi loans. The Commissioner Income Tax (Appeal) partly allowed the appeal, leading to further appeals to the Tribunal, which partly allowed the department's appeals and dismissed the assessee's appeal, resulting in the current appeals by the department.2. For the assessment year 2008-09, the Assessing Officer assessed the income and added amounts for undisclosed sales of stock and interest on Hundi loans. The Commissioner, Income Tax (Appeals), found discrepancies in the assessment of stock and directed the correct computation. The Tribunal remanded the matter back to the Assessing Officer with specific directions to recompute the closing stock based on the reconciliation statement, purchases, and sales made during the year.3. The Tribunal scrutinized the addition under Section 69D for Hundi loans and found no substantial evidence to support the additions made by the Assessing Officer. The Tribunal highlighted the lack of specific details and documents related to the Hundi transactions, leading to the deletion of the additions by the Commissioner (Appeals) and upheld by the Tribunal.4. Regarding the addition under Section 69C, the Commissioner of Income Tax (Appeals) had already deleted the addition, as the assessee had offered the income against the loose papers. The Tribunal affirmed this decision, stating that no interest could be imposed on the amounts already accepted by the assessee as their income.5. The Tribunal's reasoning and approach were found to be reasonable, with no error of law committed. Consequently, no substantial question of law arose for consideration, leading to the dismissal of both appeals by the High Court of Madhya Pradesh.