2004 (6) TMI 582 - AT - Income Tax

Summary

Issues:
1. Disallowance of Rs. 20 lakhs paid to Electricity Board.
2. Genuineness of share application money of Rs. 4 lakhs and Rs. 1 lakh.

Disallowance of Rs. 20 lakhs:
The appeal contested the disallowance of Rs. 20 lakhs paid to the Electricity Board following a power theft allegation. The settlement agreement clarified that the payment was for electricity charges and not penal in nature. The tribunal analyzed the settlement, emphasizing that the payment was for unauthorized electricity consumption and minimum charges during disconnection. It concluded that the expenditure was valid and overturned the CIT (Appeals) decision.

Genuineness of Share Application Money:
Regarding the share application money issue, the Assessing Officer doubted the authenticity of Rs. 4 lakhs and Rs. 1 lakh received from two individuals. The tribunal noted discrepancies in the CIT (Appeals) order and the Assessing Officer's findings. It highlighted that the assessee had provided details to establish the identity and genuineness of the transactions. The tribunal ruled in favor of the assessee, stating that the share application money was legitimate, as the applicants were tax assesses, payments were made through cheques, and the assessee fulfilled its obligations under Section 68. The tribunal annulled the additions made by the CIT (Appeals) based on unsubstantiated assumptions.

In summary, the tribunal allowed the assessee's appeal, overturning the disallowance of Rs. 20 lakhs and the addition of Rs. 5 lakhs in share application money. The judgment emphasized the nature of the payments, the settlement terms, and the fulfillment of legal requirements to support the genuineness of the transactions.