2014 (7) TMI 599 - AT - Income Tax

Mistake in considering the amount by CIT(A) Held that - There was no reason to interfere with the orders of the CIT(A) - there were two remand reports from the AO which clearly indicates that most of the credits were accepted by the AO - he has used his own discretion only with reference to unexplained credits in ICICI Bank whereas the credits to an extent in the bank account of HDFC were accepted by the AO on the basis of which CIT(A) gave relief - there should not be any grievance on the amounts, which are considered as addition out of the deposits of HDFC Bank. With reference to credits in ICICI Bank, apart from transfer of funds from one account to another, CIT(A) used his discretion only with reference to ₹ 50,000/- credited by way of transfer from assessee s brother account and ₹ 2,50,000/- by way of loan obtained from Mr. M. Neeraja Reddy who is an assessee - CIT(A) is justifiable on the facts on record thus, there is no reason to consider the Revenue objections - there seems to be non-application of mind on the part of the authorities in preferring second appeal Decided against Revenue.

Issues:
Deletion of additions made by the Assessing Officer partly, Unexplained cash credits, Assessment of consultancy receipts, Treatment of credits in HDFC Bank and ICICI Bank, Acceptance of explanations by the Assessing Officer, Relief granted by the Ld. CIT(A), Discretion used by Ld. CIT(A) in ICICI Bank credits, Non-application of mind in preferring second appeal.

Deletion of Additions Made by the Assessing Officer Partly:
The appeal by Revenue challenged the Orders of the CIT(A)-VI, Hyderabad regarding the deletion of additions made by the Assessing Officer. The issue revolved around the discrepancy between the contested amount of &8377; 20,11,100/- by Revenue and the relief granted by Ld. CIT(A) of &8377; 26,02,100/-. The Assessing Officer had made additions based on cash deposits in HDFC Bank and ICICI Bank, treating them as unexplained credits. The Ld. CIT(A) considered various explanations and remand reports before granting relief on certain amounts, holding some portions as unexplained.

Assessment of Consultancy Receipts:
The assessee, an individual, filed a return of income showing consultancy receipts totaling &8377; 2,94,080/-. The Assessing Officer questioned cash deposits totaling &8377; 14,29,400/- in HDFC Bank and transfers/credits of &8377; 13,83,700/- in ICICI Bank. The additions made by the Assessing Officer were contested by the assessee, who provided explanations and additional evidence, leading to a detailed examination of the sources of these deposits and credits.

Treatment of Credits in HDFC Bank and ICICI Bank:
The Assessing Officer treated the cash deposits in HDFC Bank and transfers/credits in ICICI Bank as unexplained credits, totaling &8377; 27,02,100/- brought to tax. The Ld. CIT(A) reviewed the explanations provided by the assessee, remand reports, and additional evidence. Relief was granted on certain amounts in HDFC Bank and ICICI Bank based on the credibility of the explanations and evidence presented.

Acceptance of Explanations by the Assessing Officer:
The Assessing Officer examined the sources of cash deposits and transfers/credits in the bank accounts, considering explanations and evidence provided by the assessee. Remand reports were submitted during the assessment proceedings, leading to a detailed analysis of each credit. Some amounts were accepted by the Assessing Officer, while others were treated as unexplained credits.

Relief Granted by the Ld. CIT(A):
After considering remand reports and explanations by the assessee, the Ld. CIT(A) granted relief on certain amounts of cash deposits and transfers/credits in the bank accounts. The Ld. CIT(A) analyzed the credibility of the explanations provided, the identity of creditors, and the genuineness of transactions before deciding on the deletions and confirmations of additions made by the Assessing Officer.

Discretion Used by Ld. CIT(A) in ICICI Bank Credits:
Regarding credits in ICICI Bank, the Ld. CIT(A) exercised discretion on specific amounts credited, such as &8377; 50,000/- transferred from the assessee's brother's account and &8377; 2,50,000/- obtained as a loan. The Ld. CIT(A) considered the evidence presented and the credibility of the transactions before granting relief and deleting certain additions made by the Assessing Officer.

Non-Application of Mind in Preferring Second Appeal:
The Revenue's appeal was dismissed due to perceived non-application of mind in preferring the second appeal. There were discrepancies in the contested amount mentioned in the grounds and the relief granted by the Ld. CIT(A). The Tribunal advised the Senior Officers to carefully review the facts verified and accepted by the Assessing Officer before challenging the orders of the Ld. CIT(A).

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