2015 (12) TMI 1802 - AT - Income Tax

Appeals dismissed as deposits in joint account not belonging to assessee

Asstt. Commissioner of Income Tax, CC 43, Mumbai Versus Mr. Waize M Ali

Asstt. Commissioner of Income Tax, CC 43, Mumbai Versus Mr. Waize M Ali - TMI Issues:Appeals against common order dated 20.12.2013 passed by Ld.CIT(A)-37, Mumbai for assessment years 2005-06 & 2006-07.Analysis:1. The appeals were directed against the deletion of additions made on a protective basis in the hands of the assessee regarding amounts deposited in a joint bank account, jointly held with another individual, without appreciating the source of income of the assessee, who was a student studying abroad.2. A search action under section 132(1) of the Income Tax Act, 1961 revealed a bank account jointly held by the assessee and another individual, with unexplained deposits. The case was reopened under section 147, and the Assessing Officer added the deposits as unexplained investments. The Ld. CIT(A) deleted the additions after considering the remand report and submissions of the assessee.3. The Ld. CIT(A) passed a common order for three assessment years, and the Tribunal had already decided in favor of the assessee for one of the years. The remand report confirmed that the deposits did not belong to the assessee, leading to the deletion of the additions by the Ld. CIT(A).4. The Tribunal found no reason to interfere with the Ld. CIT(A)'s order, as the amounts in question were not owned by the assessee, based on the AO's own assertion. The additions were deemed wrongly made and were rightly deleted. The appeals filed by the revenue were dismissed.This detailed analysis of the judgment highlights the issues involved in the appeals, the facts of the case, the arguments presented, and the ultimate decision reached by the Tribunal.