2010 (9) TMI 889 - HC - Income Tax

Whether Tribunal was justified in upholding the addition on account of unsecured loans even though the creditors have confirmed the same along with bank statement and source being with them Held that - two cash credits allegedly advanced by Rosy Chhabra wife of the assessee amounting to Rs. 73,145/- and Sanjit Kumar cousin of the assesses in respect of Rs, 1,00,000/- and the interest paid by the assesses thereon of Rs.460/- and Rs.535/- respectively were unexplained cash credit which were added under Section 68 of the Act. two cash credits were the unexplained money of the assessee introduced by him in the business. appeal is accordingly dismissed.

Summary

Issues:
Appeal against addition of unsecured loans under Section 68 of the Income Tax Act, 1961.

Detailed Analysis:
1. Facts and Background: The appellant filed a return for the assessment year, showing income and tax paid. The Assessing Officer disallowed unsecured loans obtained from the appellant's wife and cousin, making an addition to the total income. The Commissioner of Income Tax (Appeals) sustained the addition under Section 68 of the Act, which was partly upheld by the Tribunal, leading to the current appeal.

2. Assessing Officer's Decision: The Assessing Officer disallowed the unsecured loans based on investigations into the sources of the funds. The loans were allegedly linked to commodity transactions through a brokerage agency, with discrepancies noted in the statements of the appellant's wife and cousin regarding their knowledge of the transactions and commissions involved.

3. Appellant's Arguments: The appellant contested the addition, claiming the findings were based on incorrect interpretation of evidence. Reference was made to legal precedents to support the argument that the conclusions drawn were erroneous.

4. Court's Decision: The Court upheld the decisions of the lower authorities, emphasizing that all had concluded the unexplained cash credits were the appellant's own funds introduced as loans. The Court found no merit in the appellant's arguments to reevaluate the evidence, stating that the authorities had taken a plausible view not warranting interference under Section 260A of the Act.

5. Legal Precedents: The Court dismissed the applicability of cited judgments, stating they were based on different factual scenarios. It concluded that no substantial question of law arose in the appeal and subsequently dismissed it.

In summary, the Court affirmed the addition of unsecured loans under Section 68 of the Income Tax Act, 1961, based on discrepancies in the sources of funds and lack of satisfactory explanations from the appellant's wife and cousin. The appellant's challenge was rejected, and the Court found no grounds for interference in the concurrent conclusions of the authorities.