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2019 (9) TMI 806 - AT - Income TaxAddition u/s 69A - deposits in foreign bank - No English translated version of all the documents relied upon by the revenue in foreign language - HELD THAT:- The content of the paper book clearly states that the beneficial owner had deposited the monies into the foreign bank account wherein the assessee’s name, along with other brothers, is also included as one of the beneficiaries in the said list. Revenue stated that the background information of Dryade Stiftung mentioning the purpose of starting the said foundation as ‘Estate Planning’ and source of the deposited assets as ‘Family Money’. Bank statement of ABN Amro Bank maintained by Dryade Stiftung which admittedly contained the deposit entry on 17.4.2002 and the closing balance as on such date was USD 4387146.86, which is the subject matter of addition in the impugned assessment to the extent of assessee’s share. We find that the entire contents are purported to be in German language as admitted by the ld Special Counsel for the Revenue and he tried to translate the contents reflected therein through his independent research made with the assistance of ‘Google’. It is not in dispute that the translated version of those contents were not made available either to the assessee or to the bench at or before the time of hearing. We find that the ld AR had tried to take shelter from the observation of the ld AO that Dryade Stiftung is a Discretionary Trust and that any monies could be sought to be taxed in the hands of the assessee, purported to be beneficiary, only in the event of any actual receipt of money from the said discretionary trust. We find that the ld Special Counsel for the Revenue on the contrary had argued that a ‘Trust’ is different from ‘Foundation’ and hence the argument of the ld AR that Dryade Stiftung is a Discretionary Trust cannot be appreciated Admittedly, the contents of various papers as detailed above in German language were produced by the ld AO to the assessee and hence it is the duty of the revenue to furnish the translated version of the said documents to the assessee for his effective rebuttal. We hold that all the relevant facts were not brought on record by both the parties in the instant case. It is just and fair that the English translated version of all the documents relied upon by the revenue need to be given to the assessee by the revenue in order to enable the assessee to understand the contents of the documents furnished by the revenue for his effective rebuttal. Considering the totality of facts and circumstances and the various elaborate averments made by the learned counsels from both the sides, we deem it fit and appropriate, in the interest of justice and fair play, to remand this appeal o the file of the ld AO for de novo adjudication - Appeals of the assessee are allowed for statistical purposes.
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