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2015 (11) TMI 1703 - AT - Income TaxRe-opening of the assessment - addition under section 68 - Held that - The assessee at the original assessment stage filed all the documentary evidences before Assessing Officer with regard to proving identity of the share applicants their credit worthiness and genuineness of the transaction in the matter. No business/manufacturing activities have been carried out by the assessee during the year under consideration. The Assessing Officer accepted the returned income by showing interest income at Rs. 9, 522/-. Same evidences were furnished before Assessing Officer for reassessment proceedings. Referring to case of Lovely Exports Pvt. Ltd. (2008 (1) TMI 575 - SUPREME COURT OF INDIA) as well as order of ITAT Chandigarh Bench in the case of M/s Kisco Casting P. Ltd. 2012 (10) TMI 314 - ITAT CHANDIGARH which clearly supports the contention of the assessee that assessee received genuine share application money from 8 persons/entities. - Decided in favour of assessee.
Issues Involved:
1. Deletion of addition of Rs. 94,00,000/- on account of introduction of share application/share capital. 2. Validity of re-assessment proceedings under section 148 of the Income Tax Act. Issue-Wise Detailed Analysis: 1. Deletion of Addition of Rs. 94,00,000/- on Account of Introduction of Share Application/Share Capital: The department contended that the CIT(A) erred in deleting the addition of Rs. 94,00,000/- as the genuineness of these transactions was not established by the assessee. The department also argued that the CIT(A) wrongly followed the ITAT's decision in the case of ACIT Vs. KISCO Casting Pvt. Ltd., which is pending before the High Court. The department further cited the decision of the Delhi High Court in CIT Vs. Nova Promoters & Finlease Pvt. Ltd. to support its stance. The assessee, in response, provided documentary evidence, including confirmations, bank statements, Income Tax Returns, and balance sheets, to substantiate the genuineness of the share application money received. The assessee also argued that the statement of Shri Tarun Goyal, relied upon by the department, was not subjected to cross-examination, rendering it inadmissible as evidence against the assessee. The CIT(A) found that the assessee had adequately proved the identity, creditworthiness, and genuineness of the transactions through banking channels. The CIT(A) relied on the Supreme Court's judgment in Lovely Exports Pvt. Ltd., which stated that if share application money is received from alleged bogus shareholders, the department should proceed against the shareholders individually, but the amount cannot be regarded as undisclosed income of the assessee. The CIT(A) also referred to the ITAT Chandigarh Bench's decision in the case of M/s KISCO Casting Pvt. Ltd., which had similar facts and where the addition was deleted. The CIT(A) concluded that the assessee had provided sufficient evidence to prove the genuineness of the transactions, and the addition was deleted. The ITAT upheld the CIT(A)'s decision, stating that the assessee had provided all necessary documentary evidence to prove the genuineness of the share application money. The ITAT also noted that the department's appeal pending in the High Court is not a ground to take a contrary view. The ITAT dismissed the department's appeal, affirming the deletion of the addition. 2. Validity of Re-assessment Proceedings Under Section 148 of the Income Tax Act: The assessee challenged the validity of the re-assessment proceedings, arguing that there was no material available with the Assessing Officer to have reasons to believe for reopening the assessment. The CIT(A), however, upheld the validity of the re-assessment proceedings, following the ITAT's decision in the case of M/s KISCO Casting Pvt. Ltd., which had identical facts. The ITAT noted that since the addition on merit has been deleted, the issue of reopening the assessment becomes an academic discussion. The ITAT affirmed the CIT(A)'s decision that the re-assessment proceedings were valid but dismissed the cross-objection of the assessee since the addition was already deleted on merit. Conclusion: The ITAT concluded that the CIT(A) correctly deleted the addition of Rs. 94,00,000/- and upheld the validity of the re-assessment proceedings. Both the departmental appeal and the assessee's cross-objection were dismissed. The ITAT emphasized the need for judicial discipline and consistency in following the decisions of higher appellate authorities. The order was pronounced in the open court.
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