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2008 (1) TMI 196 - HC - Income TaxCash credit Assessing Officer was of the view that the assessee was not able to prove the genuineness of the deposit and brought the sum of Rs. 2,75,000 to tax third party denied the payment made towards share capital no material to prove the case has been placed by assessee Tribunal has also confirmed the additionss not find any question of law appeal is dismissed
Issues:
- Appeal against the order of the Income-tax Appellate Tribunal for the assessment year 1994-95. - Validity of assessing cash credits and security deposits. - Questions of law regarding the assessment of credits under section 68 of the Act. - Denial of deposits by parties involved. - Lack of evidence to prove the genuineness of the credits. Analysis: The judgment delivered by the High Court of Madras pertains to an appeal filed against the order of the Income-tax Appellate Tribunal for the assessment year 1994-95. The initial assessment was framed in 2000, adding a sum of Rs. 1,20,00,000 as cash credit and security deposit. The appellant challenged this order, leading to a series of appeals and reassessments. The Assessing Officer accepted most contributions but questioned a sum of Rs. 2,75,000, bringing it to tax. The questions of law raised included the correctness of the Tribunal's conclusion on the assessment of credits under section 68 of the Act and the sustaining of the Assessing Officer's action in taxing the credits despite lack of evidence and opportunity for the appellant to prove their genuineness. The court considered the findings of the Assessing Officer regarding parties denying deposits and the lack of material to prove the case. The court noted instances where parties had denied making payments towards share capital or deposits, and notices sent to verify these transactions were returned unserved. The authorities, including the Tribunal, concluded that insufficient evidence was presented to substantiate the credits. The court emphasized that no additional material or arguments were provided by the appellant to challenge the lower authorities' decisions. Consequently, the court found no substantial question of law to entertain the appeal and dismissed it without costs. In conclusion, the judgment highlights the importance of providing sufficient evidence to support financial transactions and credits during assessments. The court upheld the decisions of the lower authorities based on the lack of proof regarding the genuineness of the disputed credits, ultimately leading to the dismissal of the appeal.
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