2014 (9) TMI 436 - HC - Income Tax

Unexplained share application money and loans u/s 68 Creditworthiness of transaction Held that - The assessee has shown receipt of share money amounting to ₹ 75 lacs from 15 persons - the assessee has also shown receipt by way of unsecured loans from 19 agriculturists - The A.O. has was of the view that the Directors have sold their agricultural land in the year 2003 and out of such sale-proceedings, share application money was paid - Tribunal has passed the order in the absence of the revenue, who in his written submission states that even if Khatauni have been provided, there is no reconciliation/record of land, no sale-deed record owned by the person in whose names sale of potatoes have been credited - There is also no proof of cultivation of potatoes or storage of such potatoes in the cold storage - the mystery pertaining to the creditworthiness remained unsolved thus, the matter is remitted back to the Tribunal for fresh adjudication Decided in favour of revenue.

Summary

Issues:
1. Appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal for the assessment year 2004-05.
2. Addition under Section 68 of the Act for unexplained share application money and loans.
3. Justification of deletion of addition by the Appellate Authorities.
4. Arguments regarding creditworthiness of share applicants and loan creditors.
5. Examination of bank accounts, cash deposits, and annual income of agriculturists.
6. Consideration of unsecured loans advanced by individuals with low annual income.
7. Share capital raised by the assessee from shareholders with agricultural background.
8. Discrepancies in the assessment of share application money and unsecured loans.
9. Absence of Departmental Representative during Tribunal proceedings.
10. Unsolved mystery regarding creditworthiness of individuals involved.

Analysis:
The appeal before the Allahabad High Court pertains to the Department challenging the order of the Income Tax Appellate Tribunal for the assessment year 2004-05. The primary issue revolves around the addition under Section 68 of the Income Tax Act for unexplained share application money and loans. The Department contends that the creditworthiness of the share applicants and loan creditors, mainly agriculturists with low annual income, was not proven. They argue that cash deposits in bank accounts post issuance of cheques indicate unaccounted money of the assessee. Conversely, the assessee justifies the source of funds, emphasizing that shareholders and loan providers were agriculturists with substantial land holdings, supported by evidence such as Khasra Khatauni and certificates.

The case involves a discrepancy in the assessment of share capital and unsecured loans received by the assessee. While the Appellate Authorities deleted the addition, the Department argued that the funds were unexplained income from unverifiable sources. The Tribunal's decision was made in the absence of the Departmental Representative, leading to concerns regarding the reconciliation of land records and proof of potato cultivation and storage in the cold storage facility. The unresolved issue of creditworthiness further complicates the matter.

Ultimately, the High Court set aside the Tribunal's order and remanded the case for fresh adjudication to crystallize the facts. The decision highlights the need for a thorough examination of records to address the discrepancies and solve the mystery surrounding the creditworthiness of individuals involved. The judgment underscores the importance of substantiating financial transactions and sources of income in compliance with the provisions of the Income Tax Act for a fair and just resolution.