2000 (1) TMI 144 - AT - Income Tax

Summary

Issues Involved:
1. Validity of assessment under section 158BC.
2. Inclusion of income declared for the assessment year 1996-97 in the block assessment.
3. Additions made for various years falling in the block period.
4. Legality of the search operation.
5. Disallowance of expenses and bad debts.
6. Nature of expenses on interior decoration and renovation.

Detailed Analysis:

1. Validity of Assessment under Section 158BC:
The assessee argued that the assessment under section 158BC was invalid as there was no undisclosed income to be added within the meaning of section 158B(b). The representative highlighted that no money, bullion, jewellery, or other valuable articles were found during the search, and no material gathered pointed towards undisclosed income. The Department, however, contended that ample material gathered during the search indicated undisclosed income, including rental income and professional receipts not disclosed in earlier returns. The Tribunal found that documents discovered during the search pointed towards undisclosed income, thus validating the assessment under section 158BC.

2. Inclusion of Income Declared for the Assessment Year 1996-97 in the Block Assessment:
The assessee filed a return for the assessment year 1996-97 on 6th June 1997, after the search and issuance of notice under section 158BC. The AO included this amount in the block assessment. The Tribunal held that since the return was filed after the search and the due date had expired, the income declared should be included in the block assessment under section 158BC, as per section 158BB(c).

3. Additions Made for Various Years Falling in the Block Period:
The assessee challenged several additions on the grounds of lack of material evidence and adequate opportunity to furnish confirmations. The Tribunal remitted the matter back to the AO for reconsideration, directing the AO to provide the assessee with a reasonable opportunity to furnish relevant details and evidence regarding the drawings, contributions from the wife, and confirmations for credits.

4. Legality of the Search Operation:
The assessee questioned the legality of the search operation. The Tribunal noted that the legality of the search could not be adjudicated by the Tribunal, as it is not an appealable order under section 253(1)(b). The Tribunal held that since a search was conducted under a warrant issued by the CIT, the AO had jurisdiction to make the assessment under section 158BC.

5. Disallowance of Expenses and Bad Debts:
The Tribunal addressed the disallowance of various expenses and bad debts:
- Household Articles and Domestic Expenses: The Tribunal remitted the matter back to the AO to reconsider the drawings and contributions from the wife.
- Credits in Bank Account: The Tribunal remitted the matter back to the AO to allow the assessee to furnish confirmations for the credits.
- Bad Debts: The Tribunal confirmed the disallowance of Rs. 1,02,000 as the payment was not made in the course of carrying on the assessee's profession and did not meet the conditions under section 36(2).

6. Nature of Expenses on Interior Decoration and Renovation:
The Tribunal considered the nature of expenses on interior decoration and renovation:
- Interior Decoration: The Tribunal found that the expenditure was mostly on removable items and decorations, which could not be considered as assets of an enduring nature. The Tribunal deleted the addition of Rs. 2,39,730.
- Renovation Expenses: The Tribunal found that the AO had wrongly taken consultancy charges as renovation expenses. The Tribunal deleted the disallowance of Rs. 20,000.

Conclusion:
The appeal was partly allowed. The AO was directed to revise the assessment after giving the assessee an opportunity to furnish the necessary evidence and reconsider the disallowances and additions made in the block assessment.