2010 (10) TMI 1161 - AT - Income Tax

Summary

Issues involved: Appeal against deletion of addition u/s 2 (22) (e) of the Act, deletion of addition on expenses for domestic and foreign traveling, deletion of addition u/s 68 of the Act.

Issue 1: Addition u/s 2 (22) (e) of the Act

The revenue appealed against the deletion of an addition of Rs. 43,313 made by the AO u/s 2 (22) (e) of the Act. The AO observed that a company had given a loan to the assessee, a shareholder, which was to be treated as deemed dividend. The assessee contended that it was not a loan but an amount deposited in the imprest account for business expenses. The Ld. CIT(A) deleted the addition based on the board's resolution and relevant material. The ITAT upheld the decision, stating that the amount was for business expenses and not personal use, as evidenced by the details of expenses incurred.

Issue 2: Deletion of addition on expenses for domestic and foreign traveling

The revenue challenged the deletion of an addition of Rs. 2,05,599 on expenses for domestic and foreign traveling. The AO disallowed the amount, suspecting that certain expenses were for leisure trips rather than business purposes. The assessee explained that the expenses were incurred for business-related activities, such as attending exhibitions and workshops with artists. The Ld. CIT(A) accepted the explanation, noting that it was common practice in the art business to incur such expenses. The ITAT upheld the decision, finding no defects in the details submitted by the assessee.

Issue 3: Addition u/s 68 of the Act

The revenue contested the deletion of an addition of Rs. 25,93,000 u/s 68 of the Act. The AO made the addition based on loans from various parties, questioning the creditworthiness of the creditors. The assessee provided confirmations, bank details, and other documents to prove the genuineness of the transactions. The Ld. CIT(A) held that the assessee had fulfilled the onus of proving the transactions and criticized the AO for not collecting further evidence or cross-examining the creditors. The ITAT upheld the decision, stating that the creditors' lack of substantial taxable income did not make them non-creditworthy.

In conclusion, the ITAT dismissed the revenue's appeal in all three issues, upholding the decisions of the Ld. CIT(A) in deleting the additions.