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2012 (7) TMI 391 - AT - Income TaxUnexplained cash credit u/s 68 of the IT Act - unsecured loan - assessee did not furnish any details and confirmation letters in respect of the loan obtained Held that - Since, the assessee was not able to furnish any details for the loan received during the year, CIT(A) confirmed the same to be the addition made u/s 68 of the Act - order of the learned CIT(A) confirmed Disallowance of business expenditure - assessee did not furnish any details or explanation for the expenses incurred Disallowance justified Against assessee Contravention of Rule 46A of the IT Rules, 1962 - admission of additional evidences - DR submitted that the assessee has not furnished any evidence to justify non-production of details before the learned AO though the same was furnished before CIT(A) Held that - On examining the books of accounts the learned CIT(A) excluded the opening balance of loans and brought to tax u/s 68 of the Act for the loan obtained during the year for want of details and confirmation - A.O s order it does not come out that the assessee had not produced the books of accounts before him - no merit in the arguments of the learned DR on this ground of admitting additional evidences under Rule 46A of the IT Rules, 1962
Issues:
1. Addition of unsecured loan as unexplained cash credit u/s 68 IT Act, 1961 2. Disallowance of business expenditure 3. Admission of additional evidences in contravention of Rule 46A of the IT Rules, 1962 Issue 1 - Addition of unsecured loan as unexplained cash credit u/s 68 IT Act, 1961: The appeals were filed by both the assessee and the revenue against the orders of the CIT(A) regarding the addition of unsecured loans as unexplained cash credit under section 68 of the Income Tax Act for the assessment years 2004-05 and 2005-06. The AO added the amounts as unexplained cash credit as the assessee failed to provide details and confirmation letters for the loans obtained. The CIT(A) confirmed the addition for the amounts received during the year but deleted the balance amounts related to opening balances. The Tribunal upheld the CIT(A)'s decision, stating that section 68 can only be invoked for unexplained amounts credited during the previous year and not for opening balances. The Tribunal dismissed the appeals on this issue. Issue 2 - Disallowance of business expenditure: The appeal by the assessee for the assessment year 2004-05 challenged the disallowance of business expenditure of Rs.3,50,000 as the assessee failed to provide details or explanations for the expenses incurred. Both the CIT(A) and the Tribunal confirmed the disallowance since the assessee could not substantiate incurring the expenses. The Tribunal upheld the decisions of the lower authorities on this issue. Issue 3 - Admission of additional evidences in contravention of Rule 46A of the IT Rules, 1962: The revenue's appeal raised concerns about the admission of additional evidences by the CIT(A) without recording reasons. The revenue argued that the CIT(A) admitted the evidence without justification. However, the Tribunal noted that the CIT(A) based his decision on the books of accounts already available to both revenue authorities, and there was no evidence to suggest that additional evidence was admitted. The Tribunal dismissed the revenue's grounds on this issue. In conclusion, the Tribunal upheld the decisions of the CIT(A) on all issues, dismissing the appeals of both the assessee and the revenue for the assessment years 2004-05 and 2005-06.
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