2025 (9) TMI 1235 - AT - Income Tax

F&O transaction addition deleted where purchase price must be deducted as assessee declared gross receipts and 10.57% net profit

Mili Sameer Joshi Versus Income Tax Officer, Maharashtra

ITAT MUMBAI - AT held that the alleged F&O transactions on BSE could not be fully added as unexplained investment without subtracting the purchase price, ... Unexplained investment u/s 69A - Assessee company had taken fictitious profit/loss amounting by way of guarantee and premeditated trading in illiquid stock options on the Bombay Stock Exchange (“BSE”) by claiming non genuine and fictitious profit or losses on illiquid derivatives/equity on BSE HELD THAT:- Admittedly, the Assessee before both the authorities below has claimed that the transacted amount of Rs. 28,17,775/- relates to the F & O transaction done through ODC Securities Pvt. Ltd. on BSE platform and was subjected to net profit of 10.57% which is a part of the total gross receipt of Rs. 28,66,910/- as shown in the computation of income. Admittedly the Assessee had shown alleged transacted amount of Rs. 28,17,775/- in the gross receipt i.e. Rs. 28,66,910/- and therefore on this ground alone, the transacted amount of Rs. 28,17,775/- cannot be subjected to addition entirely, without subtracting the purchase price. As the Assessee has already declared the net profit @ 10.57% on the aforesaid amount of F&O transaction, hence, on this count itself, the addition sustained to the extent of Rs. 25,19,936/- by the Ld. Commissioner, is liable to be deleted. Thus, the addition is accordingly deleted. ISSUES PRESENTED AND CONSIDERED 1. Whether the reassessment proceedings initiated under section 147/148 of the Income Tax Act were validly predicated on information received from the Investigation Wing regarding alleged coordinated/manipulative F&O transactions producing fictitious losses/gains. 2. Whether the entire alleged bogus F&O turnover of Rs. 28,17,775/- could be treated as unexplained income/unexplained investment and added to the assessee's income (u/s 69A or otherwise), notwithstanding that the assessee had declared the transactions as business receipts and offered net profit under section 44AD. 3. Whether any part of the addition should be set off or reduced to account for the net profit already offered to tax under section 44AD, thereby avoiding double taxation. 4. Whether it was necessary for the Tribunal to decide contested legal questions concerning the validity of the reasons for reopening and the legal character of the investigation material when the addition was deleted on merits. ISSUE-WISE DETAILED ANALYSIS Issue 1: Validity of reassessment notice under sections 147/148 based on Investigation Wing information Legal framework: Reopening under section 147/148 requires a recorded 'reason to believe' that income chargeable to tax has escaped assessment; the AO may act on information from Investigation Wings but must form an independent satisfaction and comply with statutory requirements for issuance of notice. Precedent Treatment: The record refers to investigative findings (including statements and a cited apex court decision characterising synchronized trades as manipulative). The lower authorities treated the Investigation Wing data and post-search analysis as credible and forming the basis of reason to believe. Interpretation and reasoning: The Tribunal noted the AO relied on the Investigation Wing's analysis and recorded reasons for reopening. The Commissioner observed that the information flowed from search and seizure, recorded statements under section 132(4), and data analysis identifying beneficiaries. The Commissioner found the information credible and not a mere borrowed satisfaction, because the AO analysed the data and passed a speaking order. The Tribunal, however, did not finally adjudicate or rule on the legal sufficiency of the reopening, since it disposed of the matter on merits. Ratio vs. Obiter: The observations about the provenance and credibility of investigative material are treated as explanatory findings by the lower authorities; the Tribunal's limited treatment is largely obiter in relation to the reopening question because no final ruling on validity was rendered. Conclusion: The Tribunal refrained from deciding the legal validity of the reopening in view of its deletion on merits; therefore no definitive pronouncement validating or invalidating the section 147/148 notice was made. Issue 2: Chargeability of the alleged F&O turnover as unexplained income/ addition on merits Legal framework: Additions under provisions such as section 69A (unexplained investments) or other provisions require that the taxpayer's explanation be inadequate to account for income/assets; however, income legitimately offered to tax as business receipts and profit may not sustain an addition of the gross turnover as unexplained income without appropriate adjustment. Precedent Treatment: Investigation material alleged accommodation entries and manipulative trading; an apex court decision was referenced in the investigative note to characterise such trades. The AO and Commissioner relied on that investigation to treat the assessee as a beneficiary of bogus transactions. Interpretation and reasoning: The Tribunal examined the accounts and found that the assessee had disclosed the F&O transactions within gross receipts (Rs. 28,66,910) and had offered a net profit of 10.57% (Rs. 2,97,839) under section 44AD. The Tribunal held that where the alleged transacted amount was already reflected in gross receipts and net profit on that amount was declared and taxed, the AO could not, without subtracting the purchase price/presumed cost, treat the entire transacted amount as unexplained income and add it wholly. The Commissioner had sustained an addition reduced by the amount of profit already offered; the Tribunal found even that reduced addition unsustainable because the assessee had included the turnover and declared profit in computation of income. Ratio vs. Obiter: The holding that an addition cannot be sustained for the entire gross turnover where the taxpayer has already declared the turnover and offered net profit to tax is ratio as applied to the facts of the appeal; it is the operative ground on which the Tribunal allowed the appeal. Conclusion: The addition of Rs. 28,17,775/- was deleted in full because the assessee had disclosed the turnover in gross receipts and had offered net profit under section 44AD; the Tribunal concluded that the Commissioner's partial allowance did not suffice and deletion on merits was warranted. Issue 3: Double taxation and adjustment for amounts already offered to tax under section 44AD Legal framework: Taxation cannot operate as double taxation of the same quantum of income; when part of the claimed bogus turnover has already been included in taxable income (as profit under presumptive taxation), any further addition must account for amounts already taxed. Precedent Treatment: Lower authority recognised that the assessee had offered Rs. 2,97,839/- as taxable profit and reduced the AO's addition by that amount. The Tribunal took the analysis further, treating the inclusion of the turnover and declared profit in the computation as dispositive. Interpretation and reasoning: The Tribunal emphasised that the presence of the transacted amount in gross receipts and the declaration of net profit under section 44AD meant the AO could not subject the entire turnover to addition without subtracting the amount offered to tax. The Tribunal therefore reasoned that the Commissioner's partial relief (deduction of Rs. 2,97,839) was insufficient as a matter of law and accounting; on that ground the addition was deleted. Ratio vs. Obiter: The finding that an addition must be reduced to account for net profit already offered to tax is ratio in this appeal and determinative of the result. Conclusion: The appeal was allowed on merits by deleting the addition; the Tribunal held that taxing the same receipts again would amount to double taxation and thus the entire addition could not be sustained. Issue 4: Necessity of adjudicating ancillary legal questions once addition deleted on merits Legal framework: Courts may decline to decide broader legal issues if a case can be disposed on narrower, dispositive grounds (judicial restraint and avoidance of unnecessary pronouncement). Precedent Treatment: Not applicable as a distinct precedent was not relied upon to refuse broader adjudication; the Tribunal invoked pragmatic considerations. Interpretation and reasoning: The Tribunal expressly stated that because the addition was deleted on merits, it did not delve into contested legal aspects raised by the assessee (for example, challenges to the reopening or to the legal sufficiency of investigation-derived material), as adjudication would be a futile exercise in light of the merits-based disposal. Ratio vs. Obiter: The decision not to rule on the legal validity of reopening or investigation material is an exercise of judicial restraint and is obiter relative to the final disposal; it does not constitute precedent on those legal questions. Conclusion: The Tribunal limited its decision to the merits-based ground and declined to adjudicate ancillary legal issues relating to reopening; therefore no authoritative ruling on those points is made.