1996 (8) TMI 95 - HC - Income Tax

Summary

Issues involved:
The issue involves the application of section 68 of the Income-tax Act, 1961 to a case concerning cash credits in the assessment year 1982-83.

Summary:

Facts and Decision by Assessing Officer:
The Assessing Officer found a cash credit of Rs. 2 lakhs in the name of six persons, including minors, and requested the assessee to produce the creditors. The assessee claimed the credits were confirmed by letters, but the Assessing Officer deemed the credits questionable as the creditors were not produced for verification.

Decision by Commissioner of Income-tax (Appeals) and Tribunal:
The Commissioner of Income-tax (Appeals) accepted the assessee's explanation and deleted the addition. However, the Income-tax Appellate Tribunal reversed this decision, stating that the assessee failed to prove the genuineness of the creditors, leading to the restoration of the Assessing Officer's order.

Supplementary Statement and Arguments:
The High Court directed the Tribunal to provide more facts regarding the maintenance of books of account. The Tribunal confirmed that cash credits were added under section 68, leading to arguments by both parties regarding the applicability of section 68 and the necessity of maintaining books of account.

Court's Analysis and Decision:
The court analyzed the conditions for invoking section 68, emphasizing the requirement of maintaining books of account by the assessee. It was argued that the books of account referred to were not those of the individual assessee but of a partnership firm. Citing relevant case law, the court concluded that the books of account must belong to the assessee individually for section 68 to apply. Therefore, the court ruled in favor of the assessee, holding that section 68 was not applicable in this case.

Conclusion:
The court answered the question in the negative, favoring the assessee and against the Revenue. No costs were directed in the circumstances of the case.