2019 (10) TMI 860 - AT - Income Tax

Assessee's Appeal Dismissed, Tribunal Upholds Assessing Officer's Additions

Sh. Chakra Dhari Sureka Versus The Asstt. Commissioner of Income Tax, Central Circle-3, New Delhi

The appeal filed by the assessee was dismissed by the Tribunal. The additions made by the Assessing Officer and sustained by the CIT(A) were upheld. The ... Unexplained investment - C.I.T.(A) sustaining the addition on account of purchase of Bonds/Debentures as unexplained investment - HELD THAT:- CIT(A) has passed a speaking order on merits. Assessee has brought no material on record to prove that the aforesaid investment amounting to ₹ 20 Lac was not made by the assessee (or made out of explained sources of income/wealth); despite the opportunities available to the assessee before Assessing Officer (during assessment proceedings, or during appellate proceedings before the CIT(A) and or now in ITAT). Perusal of materials on record including the aforesaid assessment order dated 31.03.2016, the aforesaid impugned appellate order of the learned CIT(A), and the aforesaid written submissions filed from the assessee’s side; that no convincing case has been made to persuade as to take a view different from the view taken by the learned CIT(A). Therefore, we decline to interfere with the aforesaid impugned appellate order dated 23.12.2016 of the learned CIT(A); and dismiss this appeal filed by the assessee. Issues Involved:1. Sustaining the assessment as 'Best judgment assessment' under Section 144 of the Income Tax Act, 1961.2. Sustaining the addition of Rs. 20,00,000 on account of purchase of Bonds/Debentures as unexplained investment under Section 68 of the Income Tax Act, 1961.3. Sustaining the addition of Rs. 68,07,900 on account of purchase of Equity Shares as unexplained investment under Section 68 of the Income Tax Act, 1961.Issue-wise Detailed Analysis:1. Sustaining the Assessment as 'Best Judgment Assessment' Under Section 144 of the Income Tax Act, 1961:The assessee argued that the assessment was wrongly sustained as a 'Best judgment assessment' under Section 144 without giving an opportunity to be heard or to question the correctness of the materials used. The assessee emphasized that the Assessing Officer (AO) did not provide the necessary opportunity to rebut the gathered material, which is a mandatory requirement under Section 144. However, the Tribunal found that the AO had provided reasonable opportunities to the assessee, which were not availed. The Tribunal concluded that the contention of the assessee lacked credibility, and the assessment was correctly sustained under Section 144.2. Sustaining the Addition of Rs. 20,00,000 on Account of Purchase of Bonds/Debentures as Unexplained Investment Under Section 68 of the Income Tax Act, 1961:The assessee contended that the addition of Rs. 20,00,000 for the purchase of Bonds/Debentures was made based solely on the Individual Transaction Statement from the ITD system without verifying the transactions with the concerned party, M/s Religare Finvest Ltd. The assessee argued that Section 68 pertains to cash credits in the books of accounts and should not apply in this case. However, the Tribunal found that the assessee did not provide any material evidence to prove that the investment was not made by him or was made from explained sources, despite multiple opportunities. Therefore, the Tribunal upheld the addition as unexplained investment under Section 68.3. Sustaining the Addition of Rs. 68,07,900 on Account of Purchase of Equity Shares as Unexplained Investment Under Section 68 of the Income Tax Act, 1961:Similarly, for the addition of Rs. 68,07,900 related to the purchase of Equity Shares, the assessee argued that the AO made the addition based only on the Individual Transaction Statement without further verification. The assessee reiterated that Section 68 should not apply as it pertains to cash credits in the books of accounts. However, the Tribunal noted that the assessee failed to bring any evidence to prove that the investment was not made by him or was made from explained sources, despite being given opportunities. Consequently, the Tribunal upheld the addition under Section 68 as unexplained investment.Judgment:The Tribunal found no merit in the written submissions filed by the assessee and agreed with the detailed reasons provided by the learned CIT(A) in the appellate order dated 23.12.2016. The Tribunal concluded that no convincing case was made to take a different view from that of the learned CIT(A) and therefore, dismissed the appeal filed by the assessee. The Tribunal also clarified that the assessee is at liberty to approach ITAT for restoration of the appeal in accordance with Proviso to Rule 24 of Income Tax (Appellate Tribunal) Rules, 1963, if desired.Conclusion:The appeal filed by the assessee was dismissed, and the additions made by the AO and sustained by the learned CIT(A) were upheld. The Tribunal found that the assessee had been given reasonable opportunities to present his case, which he failed to avail, and no material evidence was provided to rebut the unexplained investments.