1997 (4) TMI 114 - AT - Income Tax

Tribunal Invalidates Assessment Order, Deems Additions Unjustified

Express Movers (Pvt.) Limited. Versus Deputy Commissioner Of Income-Tax.

Express Movers (Pvt.) Limited. Versus Deputy Commissioner Of Income-Tax. - ITD 061, 528, TTJ 059, 227, Issues Involved:1. Validity of the order u/s 158BC without compliance with Chapter XIV(B) provisions.2. Justification for the addition of Rs. 51,91,000 as undisclosed income.3. Alternative argument for addition on a peak basis.4. Justification for the disallowance of Rs. 3,50,000 out of expenses.5. Overall validity of the assessment order.Summary:1. Validity of the order u/s 158BC without compliance with Chapter XIV(B) provisions:The assessee contended that the assessment order under section 158BC was illegal due to non-compliance with Chapter XIV(B) provisions. The Tribunal found that the Assessing Officer (AO) did not determine the total undisclosed income by computing the aggregate of the total income of the previous years falling within the block period in accordance with Chapter IV provisions. The AO failed to exclude disclosed income as provided in section 158BB(1) clauses (a) to (f).2. Justification for the addition of Rs. 51,91,000 as undisclosed income:The assessee argued that the amount was duly accounted for in the regular books of account and could not be treated as undisclosed income. The Tribunal noted that the transactions with Rubina Leasing and Credits P. Ltd. were accommodation transactions, fully verifiable from the books and bank statements. The AO's reasons for the addition were found to be baseless, and the Tribunal directed the deletion of the Rs. 51,91,000 addition.3. Alternative argument for addition on a peak basis:The Tribunal did not specifically address this issue as the primary contention regarding the addition of Rs. 51,91,000 was resolved in favor of the assessee.4. Justification for the disallowance of Rs. 3,50,000 out of expenses:The assessee contended that the disallowance was unjustified as the expenses were recorded in the regular books of account. The Tribunal observed that no specific disallowable items were identified by the AO, and the expenses were supported by the regular books. The disallowance was found to be arbitrary and was directed to be deleted.5. Overall validity of the assessment order:The Tribunal concluded that the entire addition of undisclosed income made in the impugned order was unjustified. Consequently, the assessment order was invalidated, and the assessee's appeal was allowed in full.Conclusion:The appeal by the assessee was allowed, and the additions made by the AO were deleted, rendering the assessment order invalid.