2017 (2) TMI 1307 - AT - Income Tax

Addition on account of capital introduced by the partner u/s. 68 - Held that - The assessee had discharged the primary onus which was on it by offering explanation, which has not been found to be incorrect or false in any manner. The interest of the revenue is also safeguarded as the Income Tax Officer has been given the liberty to consider the said-credits in the hands of the partners if he is not satisfied with the sources of investment of cash credits in the accounts of the partners. See Pankaj Dyestuff Industries 2005 (7) TMI 601 - GUJARAT HIGH COURT - Decided in favour of assessee

Summary

Issues:
Appeal against deletion of addition made under Section 68 of the Income Tax Act regarding capital introduced by a partner.

Analysis:
The appeal was filed by the Assessee against the order of Ld. CIT(A)-IV, Ahmedabad for the assessment year 2005-06. The revenue's grievance was the deletion of the addition of ?1,05,46,160 made on account of capital introduced by a partner under Section 68 of the Act. The Assessing Officer (A.O.) questioned the credit entry and the Assessee explained that the partner had introduced the capital, providing supporting documents. However, the A.O. did not accept the explanation and made the addition under Section 68. The Assessee then approached the CIT(A) and relied on a High Court decision to support their claim. The CIT(A) accepted the Assessee's explanation and deleted the addition.

The Revenue, in the appeal, supported the A.O.'s findings, while the Assessee reiterated their stance and cited the High Court decision. The Tribunal examined the orders of the lower authorities and referenced a Bombay High Court decision to analyze the situation. The Tribunal highlighted the importance of the Assessee discharging the burden of proof and the Revenue's obligation to prove otherwise. It was noted that the partners were genuine, and the explanation provided was not proven incorrect. The Tribunal concluded that the Assessee had fulfilled the onus, and the Revenue could assess the credits in the partners' hands if unsatisfied. Consequently, the Tribunal upheld the CIT(A)'s decision to delete the addition.

The Tribunal, in line with the legal principles discussed, declined to interfere with the CIT(A)'s decision based on the Assessee's satisfactory explanation and the Revenue's lack of evidence to prove otherwise. The appeal by the Revenue was dismissed, affirming the deletion of the addition. The judgment was pronounced on 13-02-2017, following the legal precedents and principles discussed in the case.