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2016 (1) TMI 215 - AT - Income TaxValidity of assessment u/s 153A - accounted nature of the transactions in respect of the disputed gift - Held that - It is noted that the additions were made not on account of gifts but on account of source of funds for repayment of loans . In this regard we find the said loans are repaid through journal entries. Therefore Revenue Authorities are not supposed to make such additions in the assessment. Considering the factual matrix of the case as well considering the above settled legal position of the issue that in the absence of any incriminating material found during search additions made on the assessed income are unsustainable in law we are of the considered opinion that the additions made in the instant case are not sustainable and accordingly we delete the same. - Decided in favour of assessee Disallowance u/s 40(a)(ia) - non deduction of tds - amount paid by the assessee to his landlord in respect of the legal expenses - Held that - Considering the facts of the present case to decide whether the said amount paid by the assessee to his landlord in respect of the legal expenses is subject to deduction of TDS or not the following points need to be ascertained viz. (i) what is the relationship between the assessee and the actually payer of the legal fees ie principal to principal relationship or principal to an agent relationship ; (ii) whether it is a case of reimbursement or not; (iii) whether the co-owner effected the TDS when he made payment and (iv) whether the actual respondent assessed to tax and made the payment. Therefore in our considered opinion the matter should be remanded to the file of the AO to adjudicate the issue afresh and pass a speaking order on the above mentioned points. It is need less to mention that the assessee should be provided a reasonable opportunity of being heard as per the principles of natural justice - Decided in favour of assessee for statistical purposes.
Issues Involved:
1. Validity of assessment orders under Section 153A read with Section 143(3) of the Income Tax Act. 2. Validity of additions made in the absence of incriminating material found during search proceedings. 3. Treatment of gifts received and their exclusion from the capital account. 4. Additions made on account of reduction of liabilities and their classification as income from undisclosed sources. 5. Disallowance of professional fees under Section 40(a)(ia) for non-deduction of TDS. 6. Charging of interest under Section 234A. Detailed Analysis: I. Cross Appeals for the AY 2002-2003 ITA No.3094/M/2013 (By assessee) 1. Validity of Assessment Orders: - The assessee challenged the assessment order passed under Section 153A read with Section 143(3) as ab-initio void due to the non-prescription of a return form for the assessment year under appeal. - The Tribunal noted that the assessment was completed under Section 143(1) and no notice under Section 143(2) was issued within the stipulated time, thus the assessment did not abate. 2. Additions in Absence of Incriminating Material: - The Tribunal emphasized that additions in search assessments should be based on incriminating material found during the search. - It was observed that the additions made by the AO had no nexus to the seized material and were not based on any incriminating evidence. - The Tribunal referred to several judicial precedents, including CIT vs. Smt Shaila Agarwal and All Cargo Global Logistics Ltd., which support that additions in non-abated assessments must be based on incriminating material. 3. Treatment of Gifts: - The assessee contended that the gifts received were accounted for in the books and were not actual cash transactions but journal entries. - The Tribunal found that the AO made additions not on account of the gifts but on the source of funds for repayment of loans, which were through journal entries. 4. Reduction of Liabilities: - The Tribunal concluded that the reduction in loan balances was attributable to transfer entries and not unaccounted transactions. - The Tribunal held that in the absence of incriminating material, such additions were unsustainable in law. ITA No.2823/M/2013 (By Revenue) 1. Verification of Gifts: - The Revenue challenged the CIT (A)'s direction to verify the genuineness of gifts amounting to Rs. 60,00,000/-. - The Tribunal dismissed the Revenue's appeal as academic, considering the decision on the legal ground in favor of the assessee. II. Cross Appeals for the AY 2004-2005 ITA No.3095/M/2013 (By assessee) 1. Validity of Assessment Orders: - Similar to the AY 2002-2003, the assessee raised issues regarding the validity of the assessment order under Section 153A read with Section 143(3). - The Tribunal applied the same reasoning and legal precedents as in the AY 2002-2003, deciding in favor of the assessee. ITA No.2824/M/2013 (By Revenue) 1. Verification of Gifts: - The Revenue raised similar grounds as in the AY 2002-2003 regarding the genuineness of gifts amounting to Rs. 72,00,000/-. - The Tribunal dismissed the Revenue's appeal as academic, following the decision on the legal ground in favor of the assessee. III. ITA No.3096/M/2013 (AY 2009-2010) (By Assessee) 1. Disallowance of Professional Fees: - The assessee challenged the disallowance of Rs. 2,55,125/- under Section 40(a)(ia) for non-deduction of TDS on professional fees. - The Tribunal remanded the matter to the AO to determine the nature of the payment, whether it was reimbursement and if TDS was applicable. 2. Charging of Interest: - The assessee contested the charging of interest under Section 234A. - The Tribunal did not specifically adjudicate this issue, focusing on the main grounds of appeal. Conclusion: - The Tribunal allowed the assessee's appeals for AYs 2002-03 & 2004-05, and the appeal for AY 2009-10 was allowed for statistical purposes. - The Revenue's appeals for AYs 2002-03 & 2004-05 were dismissed.
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