2013 (4) TMI 311 - AT - Income Tax

Unexplained cash credit & investment - CIT(A) deleted the addition - Held that - The appellant had invested Rs. 22.5 lacs in A.Y. 04-05 & 05-06 which has been re-paid by M/s. Tanishq Hotel Limited in the year under consideration. All the payments were made through account payee cheques. Therefore, assessee s own money has been returned back. Thus, the source of the credit is not required to be explained. The appellant had filed necessary certificated from both the Banks, which has been rightly considered by the CIT(A). Therefore,no reason to intervene in the order of the CIT(A). Accordingly, the Revenue s appeal is dismissed

Summary

Issues:
Appeal against addition made u/s. 69 on account of unexplained cash credit amounting to Rs.22,30,000 for A.Y. 2007-08.

Analysis:
The assessee derived income from trading of perfumes and fragrances and other sources. The AO observed a credit of Rs.20,00,000 in the assessee's capital account through a saving bank account, along with a cash deposit of Rs.2,30,000. The AO asked the assessee to prove the source of the cash, which the assessee claimed was a refund from a previous deal with Tanishq Hotel Limited. The AO relied on various cases and made a total addition of Rs.22,30,000 as unexplained cash credit.

Being aggrieved, the assessee approached the CIT(A) and provided detailed explanations and evidence regarding the source of the credit entries. The appellant presented certificates from Central Bank of India and Bavla Nagrik Sahkari Bank Ltd. to support the claim that the amount was invested in Tanishq Hotel Limited and later repaid through account payee cheques. The CIT(A) admitted the additional evidence and found the explanation satisfactory, leading to the deletion of the Rs.20,00,000 addition.

Similarly, the addition of Rs.2,30,000 made by the AO was also challenged before the CIT(A). The appellant's explanation that the cash was deposited from earlier withdrawals was accepted as logical, and the addition was deleted due to lack of evidence showing alternative utilization of the cash.

The Revenue appealed to the ITAT, arguing that the source of the credit entry was not adequately explained, as no confirmation with PAN No. was provided. The appellant reiterated the investment and repayment details with Tanishq Hotel Limited and presented certificates from the banks confirming the transactions. The ITAT upheld the CIT(A)'s decision, stating that the appellant's own money was returned, and the source of the credit did not need further explanation. The Revenue's appeal was dismissed, affirming the deletion of the additions.

In conclusion, the ITAT dismissed the Revenue's appeal, maintaining the deletion of the additions made by the AO, as supported by the detailed explanations and evidence provided by the appellant regarding the source of the cash credits.