2013 (10) TMI 212 - HC - Income Tax

Cash credit - Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by CIT(A) deleting the addition of Rs.3,28,46,319/- made on account of cash credit from Kakani Enterprise - Held that - The issue is essentially based on factual matrix presented before both the authorities. We see no error in the findings arrived at by them. Predominantly, the question having been based on facts, no question of law arises, much less a substantial question of law - Decided against Revenue.

Summary

Issues:
Appeal under Section 260 A of the Income-tax Act 1961 challenging the order of the Income-tax Appellate Tribunal regarding the deletion of cash credit from Kakani Enterprise.

Analysis:
1. The respondent assessee filed a return declaring a loss for Assessment Year 2001-02. The Assessing Officer made additions, including an unexplained cash credit of Rs. 7,56,24,914 under Section 68 of the Act.

2. The CIT [A] determined the net profit at Rs. 4.86 lakhs by estimating the gross profit at 1.5% instead of 10% assessed by the Assessing Officer, leading to the deletion of the entire addition.

3. The Tribunal upheld the CIT [A]'s decision, prompting the Revenue to file the current appeal, questioning the confirmation of the deletion of Rs. 3,28,46,319 made on account of cash credit from Kakani Enterprise.

4. The CIT [A] found that the loans were received from the bank account of Kikani Brothers, where money from the assessee's sister concerns was deposited before issuing cheques. This led to satisfaction regarding the genuineness of the credit.

5. The Tribunal concurred with the CIT [A]'s findings, stating that the credits from Kakani Enterprise were genuine as the money was deposited from sister-concerns before issuing cheques. However, regarding loans from five parties of Pittaliya Group, the Tribunal directed the Assessing Officer to re-adjudicate the issue due to lack of discussion on the source of credits.

6. The High Court, after reviewing the factual matrix presented before the authorities, found no error in their conclusions. Since the issue was primarily factual, without any legal question arising, the Tax Appeal was dismissed.

This detailed analysis covers the issues involved in the legal judgment, highlighting the key points and decisions made by the authorities and the High Court.