2018 (5) TMI 1930 - AT - Income Tax

Tribunal rules in favor of assessee, deleting unexplained cash addition for property purchase.

Mr. Vijaykumar Srinivasan V. Vaidyanathan & Co. Versus The Income Tax Of f icer, Ward 3 (4), Thane

Mr. Vijaykumar Srinivasan V. Vaidyanathan & Co. Versus The Income Tax Of f icer, Ward 3 (4), Thane - TMI Issues Involved:1. Additional ground raised and withdrawn by the assessee.2. Addition of unexplained cash amount paid for the purchase of office/flat based on material found during a search on Hiranandani group of cases.Issue 1: Additional Ground WithdrawnThe first issue in this appeal pertains to an additional ground raised by the assessee, which was subsequently withdrawn by the counsel for the assessee under the instruction of the assessee. The Tribunal dismissed this additional ground as withdrawn.Issue 2: Addition of Unexplained Cash AmountThe primary issue in this case concerns the addition of an unexplained cash amount paid for the purchase of an office/flat, based on material discovered during a search on the Hiranandani group of cases. The Assessing Officer (AO) made an addition of Rs. 2,42,500 as unexplained cash payment for the purchase of an office, which the assessee contested. The assessee explained that no such payment was made, but the AO disregarded this explanation and added the amount to the assessee's income. The Commissioner of Income Tax (Appeals) upheld the AO's decision, leading to the assessee appealing to the Tribunal.Upon review, the Tribunal noted that the genesis of the AO's conclusion was based on contents of a pen drive seized during the search. Drawing parallels with a similar case, the Tribunal observed that the evidence presented did not conclusively prove the alleged payment of 'on money' by the assessee. The Tribunal highlighted the lack of crucial details in the evidence, such as the source of information and corroborative evidence. It was also noted that the market value of the property further supported the assessee's claim. Consequently, the Tribunal found that the material relied upon by the lower authorities did not substantiate the allegations, leading to the deletion of the addition and allowing the appeal of the assessee.In conclusion, the Tribunal ruled in favor of the assessee, deleting the addition of the unexplained cash amount and allowing the appeal.This comprehensive analysis addresses the issues raised in the legal judgment, providing a detailed explanation of the facts, contentions, and the Tribunal's decision.