2012 (5) TMI 645 - AT - Income Tax

Addition u/s 68 - Held that - In the present case, no inquiry was made by the Assessing Officer. He simply treated the information collected by the Investigating Wing as a gospel truth. To our mind that information could be sufficient for starting investigation to that cannot be a substitution of all sort of evidence. On due consideration of the facts and circumstances and the order of Ld CIT (A) we do not find any force in the contentions of Ld DR. Appeal of the revenue is dismissed.

Summary

Issues:
- Appeal against order of CIT(A) deleting addition under Section 68 of IT Act 1961.
- Reopening of assessment based on information from Investigation Wing.
- Assessee's explanation and evidence regarding receipt of funds from companies.
- Assessing Officer's failure to conduct inquiry and reliance on modus operandi of entry operators.
- Arithmetical error in computation rectified under Section 154 of IT Act.
- Applicability of judgments in similar cases to support deletion of addition.

Analysis:
1. The appeal was filed against the CIT(A)'s order deleting the addition of Rs. 70,00000/- under Section 68 of the IT Act 1961. The grounds of appeal by the revenue were found to be descriptive and argumentative, not in line with ITAT's Rules.

2. The assessment was reopened based on information from the Investigation Wing regarding accommodation entries. The Assessing Officer alleged that the assessee received Rs. 70,00000/- from three companies controlled by a specific individual. The assessee explained the funds as share application money supported by various documents.

3. The Assessing Officer, without conducting a thorough inquiry, made the addition of Rs. 70,00000/-. The assessee provided documentary evidence like ledger accounts, bank statements, and balance sheets to support their explanation. The Assessing Officer's observations were based on a general modus operandi of entry operators.

4. An arithmetical error in the computation was rectified under Section 154 of the IT Act, correcting the amount from Rs. 20,00000/- to Rs. 70,00000/-.

5. The CIT(A) upheld the reopening of assessment but deleted the additions on merit. The assessee relied on various judgments to support their case, leading to the deletion of the addition.

6. The ITAT analyzed the case, emphasizing the requirements of Section 68 of the IT Act. The assessee's explanation and evidence were deemed satisfactory in establishing the identity of the creditor, creditworthiness, and genuineness of the transaction.

7. Comparisons were drawn with similar cases where additions were deleted due to lack of proper inquiry by the Assessing Officer. The ITAT dismissed the revenue's appeal, citing the failure of the Assessing Officer to conduct necessary inquiries and verifications.

8. The ITAT found no merit in the revenue's contentions, considering the judgments and the lack of substantial evidence against the assessee. The order of the CIT(A) deleting the addition was upheld, and the appeal of the revenue was dismissed.