Assessee-individual is a Chartered Accountant During assessment year 2006-07, he resided in India for period of 45 days and, accordingly, claimed that he was non-resident for assessment year 2006-07 and assessment was completed. A note was received from office of DIT mentioning that assessee had two bank accounts in HSBC Geneva and one account was in name of company (Blueridge) and other account was in joint names of assessee and his brother and amount in said account was not disclosed in his returns. The Assessing Officer issued re assessment notice and assessment was made by making peak balances of both the bank Accounts. On appeal the CIT(A) held that department has failed to bring any evidence on record to show that the assessee is having any beneficial interest in the Company. CIT (A) also held that the assessee was not beneficial owner of bank account held by Blueridge with HSBC Geneva and similarly, in joint account of assessee with his brother in HSBC Geneva, money was transferred in bank account out of income earned in Abu Dhabi and savings made by assessee during his stay in Abu Dhabi, UAE as a non-resident Indian since 1976. CIT(A) deleted the addition. On appeal by the revenue Tribunal affirmed the order of the CIT(A). (AY. 2006-07)
Dy. CIT v. Ganpat Singhvi (2021) 214 TTJ 137 / 91 ITR 420 / (2022) 192 ITD 567 / 207 DTR 181 (Mum.)(Trib.)
S. 69 : Unexplained investments-Bank deposit-Non-Resident-Two bank accounts in HSBC Geneva-Non-Resident-Income earned in Abu Dhabi and savings made in UAE as a non-resident-Addition cannot be made merely on the basis of information received from DIT. [S. 147]