2014 (2) TMI 840 - AT - Income Tax

Additions made u/s 68 of the Act Unexplained credits Creditworthiness of documentary evidence - Held that - The Assessee has demonstrated the identity and creditworthiness of the creditors and genuineness of the transactions as the transactions done through banking channel - the Assessee repaid the loans taken by him from the creditors - There is also no incriminating material in the search proceedings and all the credits were old and repaid by the time of search thus, the additions made by the AO and the CIT(A) is not proper Decided in faovur of Assessee.

Summary

Issues:
1. Delay in filing appeals - Condonation of delay.
2. Cash credits - Unexplained credits under section 68 of the Act.
3. Charging of interest under sections 234A, 234B, and 234C of the Act.

Analysis:

Issue 1: Delay in filing appeals - Condonation of delay
The appeals by the Assessee were directed against the orders of CIT(A)-III, Hyderabad, with a delay of three days in filing. The Assessee filed a petition for condonation of delay, citing reasonable causes for the delay. After reviewing the reasons and affidavit submitted by the Assessee, the ITAT Hyderabad found that there was a reasonable cause for the delay and thus condoned the delay, admitting the appeals for adjudication.

Issue 2: Cash credits - Unexplained credits under section 68 of the Act
Grounds 2 to 9 of the appeals were related to cash credits, specifically unexplained credits under section 68 of the Act in respect of unsecured loans. The AO had made additions towards these unexplained credits, despite the Assessee providing confirmation letters from the creditors. The CIT(A) confirmed the additions, stating that the Assessee had not proved the creditworthiness of the creditors with sufficient documentary evidence.

Upon further review, the ITAT Hyderabad noted that the Assessee had demonstrated the identity and creditworthiness of the creditors, along with the genuineness of the transactions conducted through the banking channel. Additionally, the Assessee had repaid the loans taken from the creditors, and there was no incriminating material found during search proceedings. Consequently, the additions made by the AO and confirmed by the CIT(A) were deemed improper, leading to the deletion of the same. Grounds 2 to 9 were allowed, resulting in the appeal of the Assessee for the relevant assessment year being allowed.

Issue 3: Charging of interest under sections 234A, 234B, and 234C of the Act
Ground 10 of the appeals pertained to the charging of interest under sections 234A, 234B, and 234C of the Act, which was considered consequential in nature. However, no specific details regarding the outcome of this issue were provided in the judgment.

In conclusion, both appeals in ITA Nos. 1942 and 2060/Hyd/2011 were allowed by the ITAT Hyderabad, with the judgments pronounced on 1st January 2014.