2013 (8) TMI 978 - AT - Income Tax

Unexplained cash credit - Held that - The sum received by the assessee from Shri O.G.Krishnam Raju has been shown as advance in the accounts of the assessee and reflected on the liability side of the balance sheet. The amount was kept as advance for the reason that the film was not released in the impugned previous year and therefore, the assessee could not give the exhibition rights to Shri O.G.Krishnam Raju during the previous year and as such, no income arose to the assessee during the impugned previous year. The film was released in the succeeding previous year and the exhibition rights were given in favour of Shri O.G.Krishnam Raju. At that point of time, the assessee transferred this advance to income account and finally offered the same for taxation as part of his income for the subsequent assessment year 2007-08. The Commissioner of Incometax( Appeals) has clearly stated that the assessee has included this income in the computation of taxable income of the assessee for the subsequent assessment year. He has also made it clear that the assessee is following mercantile system of accounting, on which the Revenue has no grievance. - Decided in favour of assessee

Summary

Issues:
Appeal and cross-objection against the order of the Commissioner of Income-tax(Appeals) regarding treatment of a sum of `50 lakhs received as advance against granting of exhibition rights in the film distribution business.

Analysis:
The appeal and cross-objection before the ITAT MADRAS involved the treatment of a sum of `50 lakhs received by the assessee as an advance against granting exhibition rights in the film distribution business. The assessee, following the mercantile system of accounting, treated the amount as a liability in the balance sheet for the relevant assessment year as the film was not released during that year. The assessee subsequently included this amount as income in the following assessment year when the film was released and the exhibition rights were granted. The Assessing Officer treated the sum as unexplained cash credit under sec.68 of the Income-tax Act, adding it to the assessee's income. However, the Commissioner of Income-tax(Appeals) found the assessee's explanations consistent with the mercantile accounting system and deleted the addition of `50 lakhs, stating that the assessee had properly included the income in the subsequent assessment year.

Upon hearing arguments from both parties, the ITAT MADRAS upheld the decision of the Commissioner of Income-tax(Appeals), stating that the assessee's treatment of the `50 lakhs advance as income in the subsequent assessment year was in accordance with the mercantile accounting system. The ITAT MADRAS found that the Assessing Officer's addition of the sum as unexplained cash credit was not justified, as the assessee had correctly accounted for the income in the subsequent assessment year. Therefore, the ITAT MADRAS confirmed the decision of the Commissioner of Income-tax(Appeals) to delete the addition.

The ITAT MADRAS also noted that the cross-objection filed by the assessee supported the decision of the Commissioner of Income-tax(Appeals) and became infructuous as a result of confirming the earlier decision. Consequently, the ITAT MADRAS dismissed both the appeal filed by the Revenue and the cross-objection filed by the assessee, upholding the order of the Commissioner of Income-tax(Appeals).

In conclusion, the ITAT MADRAS ruled in favor of the assessee, confirming the deletion of the `50 lakhs addition as unexplained cash credit and dismissing both the appeal and cross-objection in this matter.