2012 (12) TMI 450 - HC - Income Tax

Unexplained Investment in Share Capital - ITAT deleted the addition - Held that - Tribunal s decision is squarely covered by the decisions in the case of CIT vs. Lovely Exports (P) Ltd. 2008 (1) TMI 575 - SUPREME COURT OF INDIA and Commissioner of Income-tax vs. Steller Investment Ltd. 2000 (7) TMI 76 - SUPREME COURT - impugned order passed by the Tribunal does not suffer from any legal infirmity.

Summary

Issues:
1. Whether the Tribunal was correct in deleting the addition of unexplained investment in share capital.
2. Whether the Tribunal's finding on the discharge of onus under section 68 can be justified.
3. Whether the deletion made by the Tribunal on account of different citations was justified.

Analysis:
1. The first issue revolves around the Tribunal's decision to delete the addition of Rs.1,43,37,219/- on account of unexplained investment in share capital. The Tribunal based its decision on the Apex Court's ruling in CIT vs. Lovely Exports (P) Ltd. and the Delhi High Court's decision in CIT vs. Divine Leasing & Finance Ltd. The Tribunal's decision was upheld by the High Court, stating that the Tribunal's decision aligns with the aforementioned legal precedents. The High Court found no legal infirmity in the Tribunal's order, ultimately dismissing the appeal.

2. The second issue questions whether the Tribunal's finding on the discharge of onus under section 68 can be justified. The Assessing Authority had treated the sum invested in share capital as unexplained under Section 68 of the Income-tax Act, 1961. Despite specific findings by the Assessing Officer and the Commissioner of Income Tax (Appeals) that the onus had not been satisfactorily discharged by the assessee, the Tribunal still allowed the appeal by deleting the addition. However, the High Court upheld the Tribunal's decision, citing legal precedents to support the conclusion that the Tribunal's order was legally sound.

3. The final issue concerns the deletion made by the Tribunal based on different legal citations. The Tribunal's decision to delete the addition was supported by references to specific legal cases, including the Apex Court's ruling in Lovely Exports (P) Ltd. and the Delhi High Court's decision in Divine Leasing & Finance Ltd. The High Court found that the Tribunal's reliance on these legal precedents justified the deletion made on account of different citations. Consequently, the High Court upheld the Tribunal's decision, emphasizing the alignment with established legal principles.

In conclusion, the High Court dismissed the appeal, upholding the Tribunal's decision to delete the addition of unexplained investment in share capital based on legal precedents and the satisfactory discharge of onus under section 68. The High Court found no legal infirmity in the Tribunal's order and supported the decision based on established legal principles.