1986 (8) TMI 108 - AT - Income Tax

Tribunal upholds assessee's income explanation, dismisses penalty appeal under section 271(1)(c).

INCOME TAX OFFICER. Versus KANTILAL G. DOSHI.

INCOME TAX OFFICER. Versus KANTILAL G. DOSHI. - TTJ 027, 336, Issues: Reopening of assessment under section 147(a) of the IT Act based on investment, addition to income under 'other sources', imposition of penalty under section 271(1)(c), appeal against penalty imposition, contention regarding maintaining accounts, validity of assessee's explanation, adequacy of savings explanation, relevance of cash in hand, assessment of household expenditure, confirmation of AAC's decision, confirmation of penalty imposition.In this case, the Income Tax Officer (ITO) reopened the assessment for the assessment year 1975-76 under section 147(a) of the IT Act based on the assessee's investment of Rs. 20,000 in a company. The ITO added this amount to the income of the assessee under 'other sources' as the explanation provided by the assessee was not accepted, questioning the substantial cash in hand of Rs. 24,123. Subsequently, the ITO imposed a penalty of Rs. 20,000 under section 271(1)(c) for concealing income.Upon appeal, the Commissioner (Appeals) held that the assessee's savings explanation was plausible, especially considering the total income assessed for previous years. The addition was deleted, leading to the cancellation of the penalty. The Department appealed this decision, arguing that the assessee's lack of account maintenance raised doubts on the cash in hand explanation, emphasizing the need for income generation from savings and questioning the adequacy of the savings estimate provided by the assessee.The counsel for the assessee defended the explanation, highlighting the subjective nature of maintaining cash in hand versus bank deposits based on individual circumstances. The Tribunal noted the substantial income earned by the assessee over the years, indicating the possibility of significant savings. The Tribunal found merit in the AAC's decision to delete the addition, reinforcing the validity of the savings explanation and dismissing the Department's appeal.Ultimately, the Tribunal confirmed the AAC's decision, leading to the dismissal of both appeals. The finding that the penalty was not imposable was upheld, emphasizing the adequacy of the savings explanation and the plausibility of the cash in hand component.