2017 (12) TMI 370 - HC - Income Tax

High Court upholds Income Tax reassessment, adds Rs. 6,06,069 to income, emphasizing transaction doubts.

The High Court dismissed the appeal challenging the reassessment proceedings under Section 147/143(3) of the Income Tax Act. The Court upheld the addition ... Reopening of assessment - surrender of income - Held that:- In the first place, the validity of the reassessment proceedings was not an issue raised by the assessee before the Tribunal. That issue had been decided against the assessee by the CIT (Appeals) which part of the order was not challenged in appeal before the Tribunal. Then, as to the addition made on merits, we find that the assessee had himself admitted to have written to the assessing officer on 10.03.2004 and surrendered the disputed amount. It is true that the offer made by the assessee in the said letter was worded as being subject to a condition that the penalty proceedings may not be initiated against him. We find, the fact that the surrender had been made with the condition to by peace may be relevant to and may be considered in the penalty proceedings. The present proceedings being the quantum proceedings we do not find any error in the order of the Tribunal in so far as the Tribunal has sustained the addition not only on the ground of surrender made by the assessee but also after disbelieving the genuineness of the transaction of purchase and sale of shares. In view of the matter, we do not find any error in the order of the Tribunal. Accordingly, question nos. A and E are answered in affirmative i.e. in favour of the revenue and against the assessee. Issues involved:1. Validity of confirmation of proceedings under Section 148 of the Income Tax Act.2. Determination of the genuineness of the purchase and sale of 3500 shares of M/s KRS Financial Limited.3. Justification of the addition of Rs. 6,06,069/- in the hands of the appellant.4. Legality of affirming the reassessment order passed by the Assessing Officer under Section 147/143(3) of the Act.5. Compliance with procedural requirements during reassessment proceedings.Issue 1: Validity of confirmation of proceedings under Section 148:The appellant challenged the correctness of confirming the proceedings under Section 148 of the Income Tax Act by the Income Tax Appellate Tribunal (ITAT). The appellant contended that there was no tangible material for the Assessing Officer to believe that income had escaped assessment. The High Court noted that the appellant did not challenge this issue before the Tribunal, and the CIT (Appeals) had already decided against the appellant on this matter. Therefore, the High Court held that this issue did not arise in the appeal.Issue 2: Genuineness of the purchase and sale of shares:The case involved the purchase and sale of 3500 shares of M/s KRS Financial Limited by the appellant. The appellant claimed to have purchased the shares from a broker and later sold them through another broker. However, reassessment proceedings were initiated based on information suggesting possible accommodation entries by the selling broker. The Tribunal disbelieved the genuineness of the transaction due to lack of reliable evidence. The appellant's surrender of the disputed amount was also considered. The High Court upheld the Tribunal's decision, stating that the addition was justified based on both the surrender made by the appellant and the doubts regarding the transaction's genuineness.Issue 3: Addition of Rs. 6,06,069/- in the appellant's hands:The Assessing Officer added Rs. 6,06,069/- to the appellant's undisclosed income, rejecting the claim of capital gains. The CIT (Appeals) found the additions unsustainable based on information from a different department and the lack of evidence supporting the allegations. However, the Tribunal upheld the addition considering the appellant's surrender of the amount. The High Court agreed with the Tribunal's decision, emphasizing that the surrender made by the appellant, even with conditions, was relevant to the penalty proceedings, and the addition was justified based on the doubts regarding the transaction.Issue 4: Legality of affirming reassessment order under Section 147/143(3):The legality of affirming the reassessment order passed under Section 147/143(3) of the Act was questioned by the appellant. The Tribunal upheld the reassessment order based on the Assessing Officer's reliance on statements and admissions. The High Court found no error in the Tribunal's decision, stating that the addition was sustained not only due to the appellant's surrender but also due to doubts regarding the transaction's genuineness. Therefore, the High Court answered in favor of the revenue and against the appellant on this issue.Issue 5: Compliance with procedural requirements during reassessment proceedings:The appellant raised concerns about the lack of inquiry and cross-examination during the reassessment proceedings. However, the High Court did not address this issue explicitly in the judgment, as it focused on the validity of the reassessment and the justification of the additions made by the Assessing Officer.In conclusion, the High Court dismissed the appeal, finding it lacking in merit based on the analysis of the issues raised by the appellant regarding the reassessment proceedings and the additions made to the appellant's income.