2013 (12) TMI 1541 - HC - Income Tax

Addition made on account of unexplained cash credits under Section 68 - Held that - When full particulars inclusive of the confirmation with name address and PAN Number copy of the Income Tax Returns balance sheet profit and loss accounts and computation of the total income in respect of all the creditors/lender were furnished and when it has been found that the loans were received through cheques and the loan account were duly reflected in the balance sheet the Assessing Officer was not justified in making the addition

Summary

Issues:
1. Addition of unexplained cash credits under Section 68 of the Income Tax Act
2. Deletion of interest expenses

Analysis:

Issue 1: Addition of unexplained cash credits under Section 68 of the Income Tax Act
The appellant, a company, declared a total income of 'NIL' for the relevant year but disclosed receiving new unsecured loans from 17 lenders. The Assessing Officer added an amount under Section 68 of the Income Tax Act due to incomplete documentation from two lenders. The CIT(A) allowed the appeal and deleted the addition. The ITAT upheld the CIT(A)'s decision. The High Court noted that most lenders' details were provided, fulfilling the initial burden on the appellant. The Court cited that loans were received through cheques and reflected in lenders' balance sheets. The ITAT observed that the appellant discharged its onus and the Assessing Officer failed to rebut it with evidence. The High Court agreed with the lower authorities' reasoning and dismissed the appeal, stating no substantial question of law arose.

Issue 2: Deletion of interest expenses
The Assessing Officer disallowed interest expenses related to the unexplained cash credits. The CIT(A) deleted this disallowance, which was upheld by the ITAT. The High Court concurred with the lower authorities' findings, emphasizing that since the initial onus was met by the appellant regarding the cash credits, the disallowance of interest expenses was unjustified. The Court noted that the loans were properly documented and reflected in the balance sheets, supporting the deletion of interest expenses. Consequently, the High Court dismissed the appeal, as no legal question, especially a substantial one, was found to warrant interference.

In conclusion, the High Court upheld the decisions of the lower authorities, emphasizing the appellant's fulfillment of the initial burden regarding the unexplained cash credits and the unjustified disallowance of interest expenses. The Court found no legal grounds to interfere with the decisions, leading to the dismissal of the Tax Appeal.