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2014 (3) TMI 214 - AT - Income TaxDisallowance made u/s 68 of the Act - Unexplained income Held that - Originally the creditors advanced the money to M/s Nalla Malla Reddy Engg. College - the College got sanctioned a loan of Rs. 5.00 crores from SBI - After availing the loan on 08/10/2007, Nalla Malla Reddy Educational Society repaid the loan back to the parties - On receipt of money by the parties, they issued cheques on various dates ranging from 12/10/2007 to 16/10/2007 - the genuineness of the transactions are established as the transactions are routed through banking channels. The loans were received through a/c payee cheques, detail of which had been filed by the assessee by filing the copy of the bank a/c of the loan creditors - Thus where the return of income is filed by the creditors of the assessee and is accepted by the Department, and the payments are through a/c payee cheques the genuineness of the transaction cannot be doubted - the assessee has demonstrated by way of material evidence that the cash credits received by it are genuine and the assessee has fulfilled the conditions laid down u/s 68 of the Act thus, the order of the CIT(A) set aside and the additions made u/s 68 of the Act also set aside on account of cash credits received by the assessee Decided in favour of Assessee. Addition made - expenditure u/s 37(1) Proper vouchers not furnished Held that - The assessee failed to substantiate the claim by producing documentary evidence to establish that the payment is genuine thus, the order of the CIT(A) on the issue is confirmed Decided against Assessee.
Issues Involved:
1. Addition of Rs. 1,20,00,000/- towards unexplained income. 2. Cash credits from various individuals and entities. 3. Addition of Rs. 20,00,000/- due to non-production of evidence regarding certain expenses. Issue-wise Detailed Analysis: 1. Addition of Rs. 1,20,00,000/- towards unexplained income: The Assessing Officer (AO) disallowed Rs. 1,20,00,000/- as unexplained income introduced by the assessee company, which was engaged in land development and sale of plots. The AO determined the total income at Rs. 1,55,38,430/- after conducting enquiries and finding that the rigour of section 68 was not satisfied for certain creditors. 2. Cash Credits from Various Individuals and Entities: The CIT(A) and ITAT reviewed the cash credits from several individuals and entities, focusing on the identity, creditworthiness, and genuineness of the transactions as per section 68 of the Income Tax Act. - Smt. Nalla Divya (Rs. 5,00,000/-): The CIT(A) found all three ingredients of section 68 were satisfied and directed the AO to delete the addition. - Smt. Nalla Sneha (Rs. 10,00,000/-): The CIT(A) confirmed Rs. 5,00,000/- as unexplained due to lack of satisfactory explanation, while the balance amount was deleted. - Mr. N. Chandrasekhar Reddy (Rs. 5,00,000/-): The CIT(A) deleted the addition as the transaction was satisfactorily explained. - Mr. Sampath Reddy (Rs. 5,00,000/-): The CIT(A) deleted the addition, finding the transaction genuine. - Nalla Malla Reddy Engineering College (Rs. 1,50,000/-): The CIT(A) confirmed the addition due to incorrect details provided by the appellant. - Dr. B. Gopal Reddy (Rs. 70,00,000/-): The CIT(A) confirmed the addition due to lack of identity, creditworthiness, and genuineness of the transaction. - Sri N. Mohan Reddy (Rs. 3,50,000/-): The CIT(A) confirmed the addition due to the creditor's lack of creditworthiness and the transaction being dubious. - Sri P. Dharma Reddy (Rs. 5,00,000/-): The CIT(A) confirmed the addition due to lack of creditworthiness and genuine transaction. - Sri R. Venkat Reddy (Rs. 5,00,000/-): The CIT(A) confirmed the addition for similar reasons as above. - Sri V. Mohan Reddy (Rs. 5,00,000/-): The CIT(A) confirmed the addition due to lack of creditworthiness and genuine transaction. - Sri R. Srinivas Reddy (Rs. 5,00,000/-): The CIT(A) confirmed the addition due to lack of creditworthiness and genuine transaction. The ITAT, however, found that the transactions were genuine as they were routed through banking channels and the loans were received through account payee cheques. The ITAT set aside the order of the CIT(A) and deleted the additions made under section 68 of the Act. 3. Addition of Rs. 20,00,000/- due to Non-production of Evidence Regarding Certain Expenses: The AO noted that certain payments like labor, mason, dust, sand, etc., were mainly cash payments without proper supporting vouchers. The assessee voluntarily offered an additional income of Rs. 20,00,000/- due to difficulty in maintaining vouchers. The CIT(A) confirmed this addition as the assessee failed to produce evidence to substantiate the claim. The ITAT also confirmed the CIT(A)'s order on this issue, dismissing the ground raised by the assessee. Conclusion: - The ITAT partly allowed the assessee's appeal by deleting the additions made under section 68 for cash credits. - The ITAT confirmed the addition of Rs. 20,00,000/- due to non-production of evidence regarding certain expenses. - The revenue's appeal was dismissed. Pronounced in the open court on 28/02/2014.
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