2013 (1) TMI 793 - AT - Income Tax

Whether addition made u/s 68 on unsecured loans are bogus - Held that - The assessee had filed before the authority the confirmations of bank account - creditors of the assesses are existing asseseess of the department having permanent account numbers - money has been received by cheque thus genuineness of transaction has been rightly accepted - hence the assessee has satisfactorily discharged its onus in establishing the genuineness of the claimed credit - Decided against the revenue

Summary

Issues Involved:
1. Challenge to first appellate order by revenue.
2. Deletion of addition made under section 68 of the Income Tax Act.
3. Failure to establish genuineness of transactions by the Assessing Officer.

Analysis:

Issue 1: Challenge to First Appellate Order by Revenue
The revenue contested the first appellate order on the grounds that it was wrong, perverse, illegal, and against the provisions of the law. The specific additions made under section 68 of the Income Tax Act were questioned, leading to the appeal before the Tribunal.

Issue 2: Deletion of Addition under Section 68
The Assessing Officer (AO) had added amounts totaling &8377; 1,14,00,000 under section 68 of the Act, alleging that the loans received were not genuine but rather the assessee's own money channeled through certain companies. However, the CIT(A) deleted these additions based on the evidence and submissions provided by the assessee, indicating that the loans were legitimate.

Issue 3: Failure to Establish Genuineness of Transactions
The AO doubted the genuineness of the transactions based on information from the investigation wing regarding the companies involved in providing accommodation entries. The AO inferred that the transactions were not genuine, citing various legal precedents. However, the CIT(A) found that the assessee had sufficiently established the identity and creditworthiness of the creditors, and the transactions were genuine as evidenced by confirmations, bank statements, and other documents provided.

In conclusion, the Tribunal upheld the CIT(A)'s decision, stating that the assessee had discharged its onus in proving the genuineness of the transactions. The Tribunal found that the AO had not collected sufficient evidence to disprove the legitimacy of the loans and had relied on general statements without affording the assessee proper opportunity to defend against them. The appeal by the revenue was dismissed, affirming the deletion of the additions under section 68 of the Income Tax Act.