2012 (10) TMI 1278 - AT - Income Tax

Tribunal Invalidates Tax Assessment Order for Lack of JCIT Approval, Upholds Deletion of Additions, Assessee Wins.

Shri Jaykumar Uttamchand Pokarna Versus Income Tax Officer, Ward 2 (3), Pune.

The Tribunal ruled in favor of the assessee, declaring the assessment order under section 153D of the Income Tax Act invalid due to the lack of mandatory ... - Issues:Validity of assessment order under section 153D of the Income Tax Act.Addition made on account of unexplained expenditure of Interest and Brokerages under section 69D of the Income Tax Act.Analysis:1. Validity of assessment order under section 153D of the Income Tax Act:The appeals were filed by the assessee and the revenue against the order of the CIT(A)-II, Pune for Assessment Year 2004-05. The assessee contended that the assessment order was in violation of section 153D of the Income Tax Act, rendering it null and void. The key argument was the lack of prior approval of the Joint Commissioner of Income Tax (JCIT) before passing the assessment order. The Tribunal referred to a previous decision in a similar case and held that obtaining approval of the JCIT is a mandatory requirement, not procedural. As no such approval was obtained in the present case, the assessment order was deemed invalid and void ab-initio. Consequently, the grounds raised by both the assessee and the revenue on this issue were dismissed as academic, with the appeal filed by the assessee being allowed and the appeal filed by the revenue being dismissed.2. Addition made on account of unexplained expenditure of Interest and Brokerages under section 69D of the Income Tax Act:The revenue raised grounds challenging the deletion of additions made by the Assessing Officer under section 69D of the Income Tax Act. The revenue contended that the CIT(A) erred in deleting the additions related to borrowal transactions that had the attributes of a 'Hundi'. The revenue argued that a broader interpretation of 'Hundi' was required under section 69D, considering the modus operandi of the transactions. However, the Tribunal upheld the CIT(A)'s decision, stating that the seized documents did not qualify as 'Hundi' under the narrow interpretation of the term. The Tribunal found no justification for the additions made by the Assessing Officer and affirmed the CIT(A)'s decision to delete them. The revenue's grounds on this issue were dismissed, and the additions were deleted.In conclusion, the Tribunal's judgment addressed the issues of the validity of the assessment order under section 153D and the addition made on account of unexplained expenditure of Interest and Brokerages under section 69D, ruling in favor of the assessee on both counts.