2006 (6) TMI 255 - AT - Income Tax

Summary

Issues:
1. Depreciation on computers purchased from a party that did not confirm the transactions.
2. Addition of unexplained cash credits as income.

Depreciation Issue Analysis:
The revenue appealed against the CIT(A)'s direction to allow depreciation at 60% on computers purchased during the assessment year 2001-02. The Assessing Officer had added back the entire purchase balance of Rs. 4,53,200, considering it a collusive transaction due to lack of confirmation from the selling party. The CIT(A) found that the computers were installed and used in the Cyber Cafe, and directed the Assessing Officer to delete the addition and allow depreciation on the cost of Rs. 1,00,000. The Tribunal upheld the CIT(A)'s decision, emphasizing that non-payment of a portion of the total amount does not render the purchase transaction sham, especially when the assets were utilized for business purposes.

Unexplained Cash Credits Issue Analysis:
The revenue also objected to the CIT(A)'s decision to delete the addition made on account of unexplained cash credits introduced as income. The Assessing Officer treated the unsecured loans of Rs. 6,93,465 from specific creditors as income due to lack of confirmation and PAN details. However, the CIT(A) noted that the creditors were directors of the assessee-company, and complete addresses were provided during assessment proceedings. Payments were made via account payee cheques, and the burden of proof was considered discharged. Consequently, the CIT(A) deleted the addition, a decision upheld by the Tribunal. The Tribunal found no grounds to disturb the CIT(A)'s order, as the evidence presented by the assessee established the genuineness of the cash credits.

In conclusion, the Tribunal dismissed the revenue's appeal, upholding the CIT(A)'s decisions on both the depreciation issue and the unexplained cash credits issue. The Tribunal found no merit in the revenue's contentions and affirmed the CIT(A)'s well-reasoned judgments based on the evidence and legal principles presented during the proceedings.