2009 (3) TMI 1054 - HC - Income Tax

Summary

Issues Involved:
The issues involved in this case are:
1. Sustenance of deletion of unexplained cash credits under Section 68 of the Income Tax Act.
2. Deletion of addition made by disallowing the claim on account of commission paid by the assessee.

Unexplained Cash Credits Issue:
The appeal was filed by the Revenue under Section 260A of the Income Tax Act against the Tribunal's judgment regarding the deletion of a sum of Rs. 27,75,000 made by the Assessing Officer on account of unexplained cash credits under Section 68 of the Act for the block period 01.04.1996 to 04.04.2002. The Assessing Officer had made various additions, including the unexplained cash credits and the disallowance of commission. The CIT(A) reversed the Assessing Officer's order, noting that the credits were disclosed in the regular books of accounts and were reflected in the audited balance sheet for the assessment year 2002-03. The CIT(A) concluded that the addition made under Section 158BC of the Act was not justified as it could have been examined in the regular assessment proceedings. The Tribunal sustained the CIT(A)'s decision, stating that the credits were recorded in the books of accounts and the creditors had confirmed the transaction.

Commission Disallowance Issue:
The second issue pertained to the deletion of the addition of Rs. 34,89,970 made by the Assessing Officer by disallowing the claim on account of commission paid by the assessee. The CIT(A) held that the Assessing Officer could not have resorted to the block assessment provisions to examine the genuineness of the claim. The Tribunal sustained the deletion of the addition, noting that the entry pertaining to the commission was recorded in the regular books of accounts and the Revenue failed to produce evidence to demonstrate any error in the CIT(A)'s findings.

Conclusion:
The High Court upheld the Tribunal and CIT(A)'s decisions on both issues. Regarding the unexplained cash credits, the Court agreed that the credits were disclosed in the regular books of accounts and found no fault with the Tribunal's decision. As for the commission disallowance, the Court noted that the commission was part of the total amount allowed by the Assessing Officer and could not be disallowed. The Court dismissed the appeal, stating that no substantial question of law arose for consideration.