2024 (3) TMI 305 - AT - Income Tax

Assessee wins as advance payment for property sale deleted under section 56 - acted as facilitator not beneficiary

Sai Samarpan Realtors Pvt. Ltd., C/o C.S. Anand, Adv. Versus ACIT, Central Circle-3, New Delhi

ITAT Delhi ruled in favor of the assessee in a case involving addition of income under section 56 as income from other sources. The revenue authorities ... Assessment u/s 153C - agreement depicting the payment was found and seized during the search & seizure operation was carried out u/s 132 - real beneficiary v/s facilitator - Addition u/s 56 as income from other sources made with the remark since the assessee has not furnished any cogent explanation with respect to the cash received and the same has been received as an advance in respect of the immovable property and the transaction has not materialized as far as the assessee is concerned, the amount is being added to the income of the assessee - HELD THAT:- Since the said property was never owned by the assessee, it was not eligible /entitled to keep the money having been received by way of earnest money & part sale consideration in respect of the said property from the prospective buyer. The assessee has also filed an affidavit before the ld. CIT(A) stating that after having received of the aforesaid payment as an advance, the said payment was handed over to one of the Owner i.e. Mr. Aseem Doomra, as Mr. Narender Kapoor was in Auckland (Newzealand).The assessee was not the real beneficiary and he had acted like a facilitator only. Since the money which was received by it from M/s Kritunairu, actually belonged to Mr. Narender Kapoor & Mr. Aseem Doomra, there was no reason for the assessee to record such transaction in its books of account. The contents of the seized document being agreement to sell & purchase were required to be considered in entirety, not in piece meal. Hence, the view formed by the lower authorities to treat the assessee as real beneficiary is arbitrary and cannot be affirmed. Decided in favour of assessee. ISSUES PRESENTED AND CONSIDERED 1. Whether proceedings under section 153C could be validly initiated and sustained where the satisfaction recorded by the AO of the searched person was not supplied to the non-searched assessee and basic objections were disposed of by communication prior to providing such satisfaction. 2. Whether an assessee who received sums as advance/earnest money on behalf of third-party owners (and not as beneficial owner) can be assessed to income under section 56 as the recipient of such amounts. 3. Whether documents seized during search in the case of a third party (agreement to sell) can be read as establishing that the recipient-assessee was the beneficial owner of the sums received, despite documentary terms showing that the recipient acted on behalf of stated owners and evidence that amounts were handed over to the owners. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Validity of initiation and conduct of proceedings under section 153C when satisfaction recorded in searched person's file was not furnished to the non-searched assessee Legal framework: Section 153C permits assessment proceedings in respect of a person other than the searched person where books/documents/seized material belonging to or pertaining to that other person are seized during search of a third party, based on satisfaction recorded by the AO of the searched person. Precedent Treatment: No prior judicial precedent was cited or relied upon in the judgment. Interpretation and reasoning: The Tribunal noted the assessee's ground that the AO did not supply the 'satisfaction recorded by the AO of the searched person' despite a specific request and that initial objections were disposed by the AO prior to providing that satisfaction. However, the written order does not record a separate finding of illegality or quashing of proceedings solely on this procedural objection; the Tribunal focused its reasoning on substantive ownership and beneficial receipt of the amounts. The point was raised but not determinatively relied upon as the basis for allowing the appeals. Ratio vs. Obiter: The procedural objection regarding supply of the satisfaction was treated as a pleaded ground but not adopted as the primary ratio for decision; it is therefore obiter in this judgment. Conclusions: The Tribunal did not quash the section 153C initiation on the mere ground of non-supply of the satisfaction; the decision proceeded to decide the matter on substantive merits of beneficial ownership and receipt of funds. Issue 2 - Liability under section 56 for amounts received as advance by an intermediary/facilitator who is not the owner Legal framework: Section 56 treats receipt of certain sums as income from other sources if an assessee receives amounts not in course of business or not as a refundable deposit, and in particular courts and authorities look to beneficial ownership and nature of transaction to determine taxability. Precedent Treatment: No precedents were cited; the Tribunal applied principles of beneficial ownership and substance over form drawn from the seized agreement and ancillary evidence. Interpretation and reasoning: The Tribunal examined the agreement (seized during the search) which expressly stated that the assessee acted 'on behalf of' the two named owners. Facts showed the assessee was not the owner at any time. Payments (Rs. 25,00,000 and Rs. 19,00,000) were evidenced by the agreement and signatures of the assessee's director acting for the owners. The assessee filed an affidavit stating the amounts were handed over to one owner because the other was abroad. The Tribunal held that where money received by an entity truly belongs to third-party owners and the entity acts merely as facilitator/agent, there is no reason for the facilitator to record the amounts in its books as own receipts; treating such receipts as assessee's income would be arbitrary. The seized document had to be read in entirety, not in piecemeal, and on that reading it showed the assessee was not the beneficial recipient. The Tribunal relied on contemporaneous conduct (handing over funds) and the terms of the agreement to conclude absence of beneficial ownership. Ratio vs. Obiter: The conclusion that a mere facilitator who receives sums on behalf of owners is not taxable under section 56 on such sums (when supported by documentary terms and evidence of onward delivery to owners) is the operative ratio of the decision. Conclusions: The Tribunal concluded that the assessee was not the real beneficiary of the amounts and had acted as facilitator; therefore the addition of Rs. 25,00,000 (and by implication the Rs. 19,00,000) under section 56 was not sustainable and was deleted. Issue 3 - Evidentiary weight of seized agreement and requirement to consider seized material in entirety when determining beneficial ownership Legal framework: Documents seized during search may be used in proceedings under section 153C, but their contents must be construed as a whole and in context; assessment requires consideration of documentary terms together with surrounding facts and conduct to determine legal effect and beneficial ownership. Precedent Treatment: The judgment did not cite authority but applied the principle that seized documents cannot be relied upon in a fragmented or selective manner to support a conclusion contrary to the document's overall tenor and corroborative evidence. Interpretation and reasoning: The Tribunal criticised the lower authorities for treating the seized agreement and payments in a piecemeal fashion to impute beneficial receipt to the assessee. The agreement explicitly stated the first party acted on behalf of the named owners; the real sellers were the two owners. The Tribunal emphasised that the seized agreement must be read in entirety and that the totality of evidence (agreement terms, affidavit, conduct of handing over payments, power of attorney executed by one owner in favour of the co-owner) established that the assessee was not the beneficial owner. Accordingly, the Tribunal found the lower authorities' treatment arbitrary. Ratio vs. Obiter: The holding that seized documents must be read in entirety and not selectively to attribute beneficial ownership to a facilitator is part of the decision's ratio. Conclusions: Considering the seized agreement as a whole together with supporting evidence, the Tribunal held that the assessee was merely a conduit/agent and that the addition under section 56 based on selective reading of seized material was arbitrary and unsustainable. Cross-reference: The Tribunal's treatment of Issues 2 and 3 are interlinked - the substantive conclusion on non-taxability under section 56 rests on the holistic interpretation of the seized agreement and corroborative facts showing onward disposition of funds to the true owners.