2011 (1) TMI 706 - HC - Income Tax

Unexplained credits u/s. 68 - Accommodation entries - interest on bogus loans - payment of cash in lieu of cheques - Held that - no evidence has been found during the course of search to indicate that the assessee had paid cash in lieu of cheques or that any accommodative entries were in fact given to the assessee the Tribunal was justified in holding that the revenue had not discharged the burden of showing that the assessee had undisclosed income.

Summary

Issues:
Challenge to order under Section 260-A of the Income Tax Act, 1961 regarding addition of unexplained credits, interest payment on loans, and commission expenses.

Analysis:
1. Unexplained Credits under Section 68:
- The appellant challenged the addition of Rs.25 lakhs under section 68 of the Act, related to unexplained credits. The Assessing Officer observed that the transactions were accommodative loan entries, not genuine, and added the amount to the income of the assessee. The Commissioner (Appeals) found no material to doubt the identity and capacity of the creditors, thus deleting the addition. The Tribunal upheld this decision, noting the lack of evidence indicating the assessee had received such entries.

2. Interest Payment on Bogus Loans and Commission Expenses:
- The Assessing Officer disallowed interest of Rs.25,500 paid on the loans and added commission expenses of Rs.16,191 incurred on taking the accommodation entries. The Commissioner (Appeals) deleted these additions, citing lack of evidence to prove the transactions were not genuine. The Tribunal upheld this decision, emphasizing the revenue's failure to establish undisclosed income by the assessee.

3. Natural Justice and Burden of Proof:
- The Tribunal highlighted the Assessing Officer's failure to issue summons to creditors, allow cross-examination, or provide statements to the assessee, breaching principles of natural justice. It emphasized that the burden of proving undisclosed income lies with the revenue, which was not met merely through general statements without concrete evidence. The Tribunal concluded that the revenue had not discharged this burden, leading to the deletion of the additions under section 68.

4. Judgment Summary:
- The Tribunal's decision was based on the lack of concrete evidence linking the assessee to accommodative loan entries, the failure to adhere to principles of natural justice by the Assessing Officer, and the revenue's inability to prove undisclosed income. Consequently, the Tribunal dismissed the appeal, upholding the deletion of the additions made by the Assessing Officer. The judgment affirmed that the revenue must meet the burden of proof and adhere to natural justice principles in tax assessments.