2019 (12) TMI 1237 - AT - Income Tax

Appellant's Tax Appeal Partially Allowed: Adjustments Directed on Various Issues

Shri Sudhir Kumar Jain P.D. Nagar & Co. Versus ACIT Ratlam

Shri Sudhir Kumar Jain P.D. Nagar & Co. Versus ACIT Ratlam - TMI Issues Involved:1. Addition of surrendered amount during survey and income offered for tax.2. Addition related to purchase of agricultural land.3. Addition of cheques/cash deposited in the bank account.4. Addition of credit entries in wife's savings bank account.Issue 1: Addition of Surrendered Amount During Survey and Income Offered for Tax:The appeal contested the addition of Rs. 3,78,150 due to the variance between the amount surrendered during the survey and the income declared for tax purposes. The appellant argued that the retraction of Rs. 3,78,150 was supported by a valid explanation and should not have been confirmed. The Tribunal found merit in the appellant's contentions. It directed the assessing officer to consider the amount of Rs. 1,58,600 as related to the previous financial year and to restrict the addition to Rs. 1 lakh for the joint ownership of the land, leading to a partial allowance of this ground.Issue 2: Addition Related to Purchase of Agricultural Land:The appellant challenged the addition of Rs. 2 lakhs related to the purchase of agricultural land, asserting that only Rs. 1 lakh should have been considered as their share according to the agreement. The Tribunal, after reviewing the agreement, agreed with the appellant's argument and directed the deletion of the addition, thereby allowing this ground of appeal.Issue 3: Addition of Cheques/Cash Deposited in the Bank Account:The appeal contested the addition of Rs. 13,27,300 representing cheques/cash deposited in the appellant's bank account. The Tribunal examined the evidence provided by the appellant, distinguishing between cheque and cash deposits. It directed the assessing officer to delete the addition related to cheque deposits but sustained the addition of Rs. 2,10,000 due to lack of confirmation from debtors, resulting in a partial allowance of this ground.Issue 4: Addition of Credit Entries in Wife's Savings Bank Account:The appellant disputed the addition of Rs. 6,21,591 concerning credit entries in the wife's savings bank account, arguing that the amount was properly reflected in her books and should not have been added. The Tribunal, after reviewing the evidence and submissions, directed the assessing officer to delete this addition, thereby allowing this ground of appeal.In conclusion, the Tribunal partially allowed the appellant's appeal, providing detailed analysis and directions on each issue raised, leading to modifications in the additions made by the authorities in the assessment for the year 2004-05.