2016 (10) TMI 178 - AT - Income Tax

Tribunal upholds CIT(A) decision, deletes unreconciled transactions, emphasizes verification

Mitsui OSK Lines (India) Pvt Ltd Versus Dy. Commissioner of Income Tax -8 (2), Mumbai

The Tribunal upheld the decision of the ld. CIT(A) to delete the addition of unreconciled transactions related to certain parties, citing legal ... Un-reconciled entries on account of non-reconciliation of AIR information - Entries in the 26AS form not accepted by the assessee - Held that:- We find that the addition has been made qua unreconciled entries appearing in the AIR information/Form No.26AS which was totally denied by the assessee that it had never any business transactions with these parties during the year. We further find that the AO has not bothered to investigate the matter further and simply added the amount of un-reconciled entries in the income of the assessee. - Decided in favour of assessee Issues:Confirmation of un-reconciled entries on account of non-reconciliation of AIR information and non-adjudication of ground raised in respect of certain parties with whom the assessee denied having any business dealings.Analysis:Issue 1 - Confirmation of Un-reconciled Entries:The appeal was filed against the order of the Ld. CIT(A)-17, Mumbai for the assessment year 2010-11. The AO added an amount to the total income of the assessee based on un-reconciled entries from AIR information. The assessee filed additional evidence during the appellate proceedings, which led to the reconciliation of a significant amount related to one party, Diamond Trading and Consultancy Ltd. However, an amount of Rs. 7,30,755 remained unreconciled. The ld. CIT(A) partly allowed the appeal, deleting the addition related to Diamond Trading and Consultancy Ltd but adding back the unreconciled transactions to the total income of the assessee. The ld. AR contended that the addition based on AIR information and revised form 26AS was incorrect as the assessee had no business transactions with the parties in question. The AR relied on a Tribunal decision supporting the deletion of such additions. The ld. DR, on the other hand, supported the orders of the authorities below. The Tribunal, after considering the submissions and relevant case laws, upheld the decision of the ld. CIT(A) to delete the addition, citing the precedent set by the Tribunal in a similar case. The Tribunal directed the AO to delete the addition, ultimately allowing the appeal of the assessee.Issue 2 - Non-Adjudication of Ground Related to Parties Denying Business Dealings:Another issue raised was the non-adjudication of the ground concerning parties with whom the assessee denied having any business dealings. The AO added the unreconciled entries to the total income without further investigation, despite the assessee's denial of transactions with those parties. The Tribunal found support in a previous decision where it was established that the AIR information could not be relied upon solely for making additions in the hands of the assessee. The Tribunal, following the precedent, directed the AO to delete the addition, as the case of the assessee aligned with the decision cited. The Tribunal dismissed this ground of appeal and allowed the appeal of the assessee, emphasizing the need for proper verification before adding such entries to the income.In conclusion, the Tribunal's judgment focused on the reconciliation of entries from AIR information, emphasizing the necessity of verifying transactions before making additions to the assessee's income. The decision highlighted the importance of following legal precedents and conducting thorough investigations before concluding on matters related to un-reconciled entries and business dealings.