2015 (9) TMI 1490 - HC - Income Tax

Unexplained cash credits under Section 68 - Held that - There is no dispute to the fact that the assessee had not submitted any explanation in case of the cash creditors, namely Shri Jatinderpal Singh, Jasbir Singh, Smt.Ritu and Shri Parshotam Lal respectively before any of the authorities below that the said amounts have actually been invested by such cash creditors. The assessee has not brought on record before any of the authorities below or in the paper book before us that the said amount of ₹ 50,00,000/- surrendered includes ₹ 7,00,000/- in case of Shri Jasbir Singh. In any case, in the absence of any explanation with regard to cash credits mentioned in these grounds the assessee appeal is dismissed. - Decided against assessee

Summary

Issues:
1. Delay in filing the appeal condoned.
2. Appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal.
3. Assessment year 2005-06.
4. Addition made with regard to income already taxed in other assessment years.
5. Double taxation issue.
6. Sustainability of orders by authorities.
7. Unexplained cash credits and forfeited amounts.
8. Tribunal's findings and dismissal of appeal.

Issue 1: Delay in filing the appeal condoned
The court condoned the delay in filing the appeal after considering the reasons stated in the application. The delay was addressed, and the matter was disposed of accordingly.

Issue 2: Appeal under Section 260A
The appeal was filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal for the assessment year 2005-06. The appellant raised substantial questions of law regarding the sustainability of additions made to the income, which had already been taxed in other assessment years.

Issue 3: Assessment Year 2005-06
The appellant, a private limited company engaged in the business of builder and colonizer, filed its income tax returns for the assessment year 2005-06. The Assessing Officer made additions to the income, which were later partly allowed by the Commissioner of Income Tax (Appeals) and then challenged before the Tribunal.

Issue 4: Addition of Income Already Taxed
The appellant argued that the additions made in the current assessment year were already included in an amount surrendered during a previous assessment year. The Tribunal, however, did not find merit in the appeal and upheld the additions made by the Assessing Officer.

Issue 5: Double Taxation
The appellant raised concerns about double taxation due to assessing income in the present year, which had already been surrendered or taxed in previous years. The Tribunal dismissed the appeal, stating that the appellant failed to establish the plea of double taxation.

Issue 6: Sustainability of Orders
The sustainability of the orders by the authorities, including the Assessing Officer, Commissioner of Income Tax (Appeals), and the Tribunal, was questioned. The Tribunal's findings were based on the material on record, and the appellant could not demonstrate any error or perversity in the Tribunal's decision.

Issue 7: Unexplained Cash Credits and Forfeited Amounts
The Assessing Officer made additions under Section 68 of the Act for unexplained cash credits and forfeited amounts in various names. The Tribunal upheld these additions as the appellant failed to provide satisfactory explanations for the same.

Issue 8: Tribunal's Findings and Dismissal of Appeal
The Tribunal's findings, based on the lack of explanations provided by the appellant regarding cash credits and forfeited amounts, led to the dismissal of the appeal. The court concluded that no substantial question of law arose, and the appeal was accordingly dismissed.

Overall, the court upheld the Tribunal's decision, emphasizing the importance of providing clear explanations for income additions and addressing concerns of double taxation effectively.