2019 (11) TMI 920 - AT - Income Tax

Tribunal Invalidates Tax Assessment, Emphasizes Need for Concrete Evidence and Thorough Approval Processes

The tribunal ruled in favor of the assessee, quashing the assessment orders and consequential penalty order. The approval under Section 153D of the Income ... Assessment u/s 153A - it is submitted that, so-called approval as granted by the Learned Additional Commissioner of Income Tax, Central Range, Kanpur u/s 153D is no Approval in the eye of law as the purported Approval been granted without due application of mind and such a mechanically granted Approval vitiates the Assessment order rendering it to be held illegal and void ab-initio - HELD THAT:- In the case at hand despite availability of time, the Additional CIT has been taking excuse of limitation and has chosen to grant approval without application of his own mind but on the undertaking of the AO that “while completing the assessment as per the draft assessment order, all the observations made in the appraisal report relating to examination/investigation as also the issues identified in the course of examination of seized material have carefully considered.” In our view such a practice is required to be deprecated and we deprecate the same. We hold that if the approval is granted by the superior authorities in mechanical manner without application of mind then the very purpose of obtaining approval is defeated. Moreover, where 4 clear days’ time was available with the administrative authority, it was a half-hearted approval and as such held as no approval in the eyes of law. Accordingly, we have no hesitation in declaring that the Approval granted by the Additional CIT, Central, Kanpur on 27.03.2015 is no approval in the eyes of law and therefore, the assessment made by the AO based on such an approval is also declared to be null and void. We therefore, quash the Assessment orders under section 153A of the Act Issues Involved:1. Validity of Approval under Section 153D of the Income Tax Act.2. Legality of Additions Sustained by CIT(A) based on Presumptions and Evidence.3. Onus of Proof on Assessing Officer (AO) regarding Unexplained Investment.4. Legality of Assessment Orders and Consequential Penalty Orders.Issue-wise Detailed Analysis:1. Validity of Approval under Section 153D of the Income Tax Act:The primary issue in this case is whether the approval granted by the Additional Commissioner of Income Tax under Section 153D for passing the assessment order is valid. The assessee argued that the approval was granted without due application of mind, rendering it illegal and void ab initio. The tribunal noted that the approval was granted on the same day the draft assessment orders were submitted, without prior discussion or detailed examination by the Additional CIT. The approval was based solely on the undertaking of the AO, indicating a lack of independent application of mind by the Additional CIT. The tribunal emphasized that such a mechanically granted approval is no approval in the eyes of law, citing various case laws that support the necessity of a thorough and mindful approval process.2. Legality of Additions Sustained by CIT(A) based on Presumptions and Evidence:The CIT(A) sustained the addition of Rs. 49,00,000 as unexplained investment based on entries in seized documents and the presumption under Sections 132(4) and 292C of the Act. The assessee contended that the findings were perverse and based on no evidence, as the cash consideration was not reflected in the books of accounts. The tribunal observed that the CIT(A) relied on presumptions without considering the affidavit and cross-examination of the appellant, which rebutted the presumption of law. The tribunal found the CIT(A)'s approach arbitrary and motivated by presumptions, conjectures, and surmises, leading to an unjust addition.3. Onus of Proof on Assessing Officer (AO) regarding Unexplained Investment:The assessee argued that the onus was on the AO to prove the investment of Rs. 49,00,000, which was not recorded in the books of account. The tribunal noted that no evidence was brought on record by the AO to substantiate the alleged investment. The addition was made purely based on the appraisal report without independent application of mind by the AO. The tribunal emphasized that the AO failed to convert the jottings/discussions/planning into admissible evidence, rendering the addition unsustainable.4. Legality of Assessment Orders and Consequential Penalty Orders:Given the invalidity of the approval under Section 153D, the tribunal quashed the assessment orders for the relevant assessment years. Consequently, the penalty order based on the quashed assessment order was also rendered void. The tribunal directed the deletion of the consequential penalty of Rs. 9,80,000, citing the Supreme Court's judgment in K.C Builders Vs ACIT, which held that a penalty cannot stand if the underlying assessment order is cancelled.Conclusion:The tribunal allowed all three appeals of the assessee, quashing the assessment orders and the consequential penalty order. The tribunal's decision underscores the importance of due application of mind by the approving authority under Section 153D and the necessity of substantiating additions with concrete evidence rather than relying on presumptions and appraisal reports.