2025 (12) TMI 1039 - AT - Income Tax

Agricultural income partly accepted; reassessment u/s 147 and cash credit addition u/s 68 held invalid

ITAT Agra partly allowed the assessee's appeal. On characterization of income, the Tribunal held that agricultural income was acceptable only to the ... Characterization of income - addition made by treating the agricultural income shown by the assessee as taxable income under the head income from other sources - assessee owns 50.47 bighas of agricultural land and assessee informed before the ld AO that he had also cultivated 44.19 bighas of agricultural land owned by his brother - AO observed that since the assessee is engaged in business of sale and purchase of Escorts Tractors, motorcycle and lubricants, it would not be possible for him to cultivate his own agricultural land to the fullest extent and hence he could not have cultivated his brother’s agricultural land. HELD THAT:- We find that the revenue is inclined to accept the agricultural income only in respect of agricultural income owned by the assessee. The assessee carrying on agricultural activities on the land owned by the brother had to be proved by the assessee with documentary evidences that the brother had not shown agricultural income in his returns. This has not been done in the instant case by the assessee. Hence, merely making a bald statement that brother has not claimed any agricultural income and mere filing of confirmation from brother would not establish the genuineness of the claim of the assessee. At the same time, the fact of the agricultural land being subjected to cultivation of crops and deriving agricultural income thereon is not doubted by the revenue. Hence, we are inclined to accept the agricultural income shown by the assessee on proportionate basis to the extent of agricultural lands owned by assessee alone and treat the differential sum as income from other sources in the hands of the assessee. Validity of assumption of jurisdiction u/s 147 - Addition of unsecured loan added u/s 68 - reasons to believe - HELD THAT:- As in the original scrutiny assessment proceedings, AO vide notice u/s 142(1) dated 06.08.2019 had indeed raised a query regarding unsecured loans by asking for the name and address of the lenders together with the confirmation, bank account, their creditworthiness etc. The assessee had filed the complete details before the ld AO vide reply letter dated 06.11.2019. AO on being convinced with the same had chosen not to make any addition in the scrutiny assessment on account of unsecured loans even though various additions were indeed made in the said scrutiny assessment. AO had indeed formed an opinion above veracity of the unsecured loans received by the assessee. Now the ld AO in the present reassessment proceedings is only trying to change the opinion already taken by his predecessor on the issue of unsecured loans. The law is very well settled that reopening of assessment cannot be made for change of opinion of the ld AO. Further, the law is also very well settled that an assessment cannot be made for making fishing and roving enquiries. Information submitted by the assessee in the election affidavit is only stating the fact of unsecured loan already availed by him. That does not suggest anything adverse to the assessee much less to the ld AO to have live link for formation of belief that income of assessee had escaped assessment. No addition u/s 68 of the Act could be made in the facts and circumstances of the instant case as there was no fresh receipt of unsecured loans at all during the year. Hence, the assumption of jurisdiction is totally flawed - Decided in favour of assessee. 1. ISSUES PRESENTED AND CONSIDERED 1.1 Whether the exemption claimed as agricultural income could be allowed in full where the assessee cultivated both his own land and agricultural land owned by his brother, and what portion, if any, was liable to be treated as income from other sources. 1.2 Whether the reassessment proceedings initiated under section 147 for the relevant year, based on information regarding unsecured loans appearing in an election affidavit, were valid in law, including the correctness of the recorded reasons, existence of tangible material, bar against change of opinion, applicability of Explanation 2(b) to section 147, and validity of approval under section 151. 1.3 Whether, on the facts of the case, an addition under section 68 in respect of unsecured loans could be sustained where the sums represented brought-forward balances and not fresh credits in the relevant year. 2. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Extent of exemption for agricultural income and treatment of income from cultivation of land owned by assessee's brother (a) Interpretation and reasoning 2.1 The assessee owned 56.47 bighas of agricultural land and claimed to have cultivated an additional 44.19 bighas owned by his brother, declaring total agricultural income which was claimed as exempt. 2.2 The tax authorities accepted that agricultural operations were carried out and that agricultural income arose; however, they were inclined to recognise the exemption only to the extent of land legally owned by the assessee. 2.3 The assessee relied on: (i) his consistent past and subsequent year declarations of agricultural income being accepted by the department; (ii) a confirmation from his brother stating that the assessee cultivated crops on the brother's land; and (iii) the fact that the brother had not shown any agricultural income in his own returns. 2.4 The Tribunal held that the onus lay on the assessee to substantiate with documentary evidence that the agricultural income from the brother's land was in fact his income and that the brother had not claimed it. Mere assertions and a bare confirmation from the brother were held insufficient to establish genuineness of the claim. 2.5 At the same time, the Tribunal noted that the fact of agricultural land being cultivated and agricultural income arising was not disputed. The dispute was limited to allocation of that income as exempt in the hands of the assessee. 2.6 In view of the inadequate evidence regarding cultivation and income attribution in respect of the brother's land, but accepting that agricultural income had genuinely arisen, the Tribunal adopted a proportionate approach, linking exempt agricultural income to the proportion of land actually owned by the assessee. (b) Conclusions 2.7 The Tribunal rejected the assessee's claim for exemption in respect of agricultural income attributable to land owned by the brother, due to lack of adequate supporting evidence beyond a bald confirmation. 2.8 The Tribunal accepted the assessee's agricultural income on a proportionate basis restricted to the assessee's own landholding, calculating exempt agricultural income as: Exempt agricultural income = Declared agricultural income × (assessee's own land / total land claimed cultivated) = 20,14,790 × (56.47 / 100.66) = 11,30,292. 2.9 The balance of the declared agricultural income was held to be taxable as income from other sources, resulting in taxable income of 8,84,498 on this count. The appeal on this issue was partly allowed. Issue 2 - Validity of reassessment under section 147, adequacy of reasons and approval under section 151; bar on change of opinion; use of election affidavit as material (a) Legal framework as discussed 2.10 The Tribunal examined the requirements under section 147 for reopening an assessment, particularly the necessity of 'reasons to believe' based on tangible material that income has escaped assessment, and the bar on reopening merely on a change of opinion. 2.11 The Tribunal also considered Explanation 2(b) to section 147, which deems income to have escaped assessment in certain circumstances, and the statutory requirement of proper sanction under section 151 before issuance of notice under section 148. 2.12 The Tribunal referred to judicial precedents mandating: (i) tangible material for reopening and prohibition on change of opinion; (ii) that reassessment cannot be used for fishing and roving enquiries; and (iii) that approval under section 151 must be accorded after due application of mind and cannot be mechanical. (b) Interpretation and reasoning 2.13 The original assessment for the year had been completed under section 143(3), and the reassessment was initiated on the basis of an election affidavit in which unsecured loans of a specified amount were disclosed. 2.14 The reasons recorded for reopening merely stated that unsecured loans of a particular amount existed in the relevant year and that such amount was believed to have escaped assessment, without stating: (i) whether any part of such unsecured loans was received during the relevant year; (ii) the identity of the creditors; (iii) how or why the existence of such loans led to an inference of escapement of income; or (iv) any other concrete factual material connecting the information to escapement. 2.15 The Tribunal found the reasons to be 'very very vague' and lacking any specific or fresh tangible material suggesting escapement of income, thus failing the statutory standard of 'reasons to believe' under section 147. 2.16 The Tribunal noted that in the original scrutiny proceedings the assessing officer had specifically raised queries under section 142(1) regarding the unsecured loans, calling for names, addresses, confirmations, bank accounts and creditworthiness of lenders. The assessee furnished the required details, and the assessing officer, after examination, made no addition on this account though other additions were made. 2.17 On these facts, the Tribunal held that the original assessing officer had formed an opinion regarding the unsecured loans, and the subsequent attempt to reopen on the same issue, without any new tangible material, amounted to a mere change of opinion, which is impermissible. 2.18 The Tribunal further observed that the information in the election affidavit merely reiterated the outstanding unsecured loan balance; it did not constitute adverse material indicating bogus entries or unaccounted income, nor did it provide a live link between the information and the belief of income escaping assessment. 2.19 In the sanction proforma under section 151, the assessing officer indicated applicability of Explanation 2(b) to section 147. The Tribunal held this to be factually and legally incorrect because Explanation 2(b) applies when no assessment has been made earlier for the relevant year, whereas in this case an assessment under section 143(3) had already been completed. 2.20 The Tribunal held that the approving authority under section 151 granted approval mechanically, without examining: (i) the vagueness of the reasons; (ii) the prior scrutiny and acceptance of the loans; and (iii) the inapplicability of Explanation 2(b). Such mechanical approval, based on incorrect assumptions of fact and law, was held to be fatal to the very assumption of jurisdiction. 2.21 The Tribunal characterised the reopening as a 'classic case' of initiating reassessment for fishing and roving enquiries rather than on the basis of genuine 'reasons to believe'. (c) Conclusions 2.22 The Tribunal held that the reassessment proceedings were vitiated for multiple reasons: (i) absence of specific, tangible material; (ii) vagueness of recorded reasons; (iii) reopening based on a mere change of opinion on an issue already examined in the original assessment; (iv) incorrect invocation of Explanation 2(b) to section 147 in a case where an assessment under section 143(3) existed; and (v) mechanical and invalid approval under section 151. 2.23 On these grounds, the assumption of jurisdiction under section 147 was held to be invalid and the reassessment proceedings were quashed. Issue 3 - Sustainability of addition under section 68 in respect of unsecured loans representing brought-forward balances (a) Interpretation and reasoning 2.24 Independently of the jurisdictional defects, the Tribunal examined the nature of the unsecured loans forming the subject-matter of addition under section 68. 2.25 It was noted that the amount treated as unexplained under section 68 represented the closing balance of unsecured loans, consisting of sums received in earlier years and carried forward, with no fresh receipt of unsecured loans during the relevant year. 2.26 The Tribunal accepted the contention that section 68, by its nature, applies to credits appearing in the books during the relevant previous year, and that brought-forward balances from earlier years cannot ordinarily be subjected to addition under section 68 in the year under appeal when no fresh credits are recorded. (b) Conclusions 2.27 The Tribunal concluded that, in any event, no valid addition under section 68 could be made in the relevant year in respect of unsecured loans that were not freshly credited during that year and merely represented carried-forward balances. 2.28 In light of both the jurisdictional infirmities in the reassessment and the substantive unsustainability of the section 68 addition on the facts, the entire reassessment, including the addition, was set aside and the appeal for that year was allowed in full.