2012 (8) TMI 579 - HC - Income Tax

Disallowance was also made on account of claim of loss in the paddy account unexplained sundry creditors - Held that - Certain statements of certain farmers were recorded by the Inspector of Income-tax, but it were recorded behind the back of the assessee - appellant had submitted bills and necessary documents to the Assessing Officer - transactions were made through the mandi system, an independent market mechanism to ensure that all transactions are conducted at fair market prices - in a situation where the appellant had discharged its responsibility by furnishing necessary details - onus was on the Assessing Officer to bring on record the evidence to show that motive behind the two transactions was evasion of income-tax in the absence of such evidence disallowance is deleted in favor of assessee

Summary

Issues:
1. Deletion of addition of Rs. 22,41,482 on account of unexplained sundry creditors.
2. Disallowance of claim of loss of Rs. 2,00,200 in the paddy account.

Deletion of Addition of Rs. 22,41,482:
The Commissioner of Income-tax (Appeals) ordered the deletion of the addition of Rs. 22,41,482, which was initially made by the Assessing Officer due to unexplained sundry creditors. The Commissioner found that statements of farmers were recorded behind the back of the assessee, who was not given an opportunity to cross-examine the witnesses. The Commissioner relied on affidavits filed by each farmer, which were considered sufficient evidence. The Income-tax Appellate Tribunal affirmed this decision. The Tribunal observed that the Assessing Officer failed to prove any transaction as non-genuine and made enquires without affording the assessee an opportunity to respond. The farmers confirmed selling their crops to the assessee, and the Assessing Officer did not provide evidence to disprove the transactions. The Tribunal dismissed the Revenue's appeal, stating no interference was warranted.

Disallowance of Claim of Loss of Rs. 2,00,200:
Regarding the disallowance of Rs. 2,00,200 in the paddy account, the Commissioner of Income-tax (Appeals) deleted the disallowance made by the Assessing Officer. The appellant purchased paddy from one party and sold it to another on the same day at a lower rate, incurring a loss. The Assessing Officer disallowed this loss, questioning the reason for the market fluctuation. However, the Commissioner noted that the transactions were conducted through the mandi system, ensuring fair market prices. The appellant provided bills and documents for the transactions. The Commissioner found the Assessing Officer's demand for evidence on market fluctuation redundant, as the transactions were between unrelated parties and conducted fairly. The Income-tax Appellate Tribunal upheld this decision, stating no substantial questions of law were involved. Additionally, the appeal could not be entertained due to the tax liability being below a specified threshold, leading to its dismissal.

In conclusion, both issues were decided in favor of the assessee, with the deletion of the addition of Rs. 22,41,482 and the disallowance of the claim of loss of Rs. 2,00,200 being upheld by the Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal. The judgments emphasized the importance of providing sufficient evidence, fair market practices, and the need for the Assessing Officer to substantiate claims of non-genuine transactions.