2008 (4) TMI 220 - HC - Income Tax

Daughters deemed independent owners of deposits, Revenue's appeal dismissed.

The court dismissed the Revenue's appeal, affirming that the daughters were independent assessees with ownership of the deposits in question. The ... Addition on account of foreign remittances & on account of investment and profit in benami firms – allegation that daughters of the assessee are Benamidars - undisputedly, the four daughters of the assessee are independent assessees having their own separate bank accounts - In the assessment of daughters, all bank accounts were explained & the return of income was accepted – no evidence shown by revenue to controvert the affidavits filed by daughters - additions were rightly deleted by tribunal Issues:1. Assessment of undisclosed income based on search under section 132 of the Income Tax Act, 1961.2. Determination of benami transactions and additions made by the Assessing Officer.3. Deletion of certain additions by the Commissioner of Income Tax (Appeals).4. Appeal by the Revenue challenging the Tribunal's decision.5. Allegation of benami transactions and unexplained income by the Revenue.6. Consideration of daughters as independent assessees and assessment of deposits in their hands.Analysis:1. The judgment pertains to a case where a search under section 132 of the Income Tax Act, 1961 was conducted, leading to the assessment of undisclosed income for the block period. The Assessing Officer made various additions based on post-search inquiries, including deposits in the daughters' bank accounts and other transactions.2. The Assessing Officer concluded that the bank accounts of the assessee's daughters were controlled by the assessee, treating them as benami transactions. This resulted in additions for cheques, cash deposits, interest income, expenses on marriages, foreign remittances, investments, and other items. The Commissioner of Income Tax (Appeals) later deleted some of these additions, considering the daughters as independent assessees.3. The Revenue filed an appeal before the Tribunal challenging the CIT(A)'s decision to delete certain additions. The Tribunal rejected all grounds raised by the Revenue, leading to further appeal by the Revenue. The substantial questions of law raised included the status of the daughters as benamidars and the treatment of foreign remittances and investments.4. The Tribunal upheld the CIT(A)'s decision, emphasizing that the daughters were independent assessees with their own bank accounts. Affidavits filed by the daughters confirmed the deposits in their accounts belonged to them exclusively. The Tribunal found no evidence to support the Revenue's claim of benami transactions, emphasizing the daughters' financial independence.5. The Revenue argued that the Tribunal erred in considering the daughters as independent assessees, claiming the deposits were unexplained income of the assessee. However, the Tribunal found no merit in the appeal, stating that the evidence and documents on record supported the daughters' ownership of the deposits and foreign remittances.6. Ultimately, the court dismissed the appeal, affirming the Tribunal's decision that the daughters were independent assessees, and the deposits in question should be considered in their hands. The judgment highlighted the importance of factual evidence in determining ownership and assessing undisclosed income, refuting the Revenue's allegations of benami transactions.