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2014 (9) TMI 827 - HC - Income TaxEvidences lacks credibility Acceptance of additional evidences on claim of TDS Held that -The assessee is a firm engaged in the business of manufacturing and sale of bio-organic fertilizers, filed income tax return - The AO noticed the receipt of unsecured loan which was received from M/s Om Textiles and M/s Elegant Diamond Co.- The Tribunal has noted that the assessee filed a copy of the return of income and a copy of his passbook, however, in absence of confirmation filed before it, it deemed it fit to grant opportunity to the assessee to substantiate such facts before the AO and remitted the matter with respect to Om Textiles to the file of the AO and directed him to verify the submissions of the assessee - the Tribunal on the basis of genuine and substantial documents, which have been adduced by the respondent and on the strength thereof, has believed the transaction of ₹ 30 lacs to have been entered into with M/s Elegant Diamond Company since, all the three requirements have been duly satisfied, there is no reason to interfere in the order of the Tribunal Decided against revenue.
Issues:
1. Challenge to the order of the Income Tax Appellate Tribunal on grounds of perversity and ignoring findings. 2. Dispute over the TDS claim without proper evidence. 3. Acceptance of additional evidence by the ITAT without following due procedure. Analysis: Issue 1: Challenge to ITAT Order The Revenue challenged the ITAT order, arguing that it was perverse for ignoring the findings of the Ld. CIT(A) regarding the credibility of evidence, including discrepancies in bank account copies and signatures. The capacity of the lender was also questioned. The High Court noted that the assessee, a firm in the fertilizer business, received unsecured loans under scrutiny. The Tribunal remitted the matter to the Assessing Officer for verification, especially regarding the loan from Om Textiles. However, for the loan from Elegant Diamond Company, the Tribunal found sufficient evidence, including confirmations and bank details, which the Assessing Officer had overlooked. The High Court upheld the Tribunal's decision, stating that the assessee had provided substantial proof of the transaction's genuineness and the lender's capacity. Issue 2: Dispute Over TDS Claim The ITAT was criticized for accepting a TDS claim without proper evidence or prior claims before the AO or Ld. CIT(A). The High Court observed that the assessee had indeed provided confirmation of the loan amount, PAN details, and phone numbers of the creditors. The High Court further noted that TDS was deducted during the payment, indicating the genuineness of the transaction. The Court found that the assessee had met the initial burden of proving the identity and capacity of the creditors with supporting documents, thus dismissing the Revenue's challenge. Issue 3: Acceptance of Additional Evidence The Revenue contested the ITAT's acceptance of additional evidence without following proper procedures and without giving the AO an opportunity to verify. The High Court emphasized that the Tribunal based its decision on genuine and substantial documents provided by the respondent, satisfying the requirements of proving the transaction with Elegant Diamond Company. The Court found no substantial question of law arising from the case and dismissed the tax appeal. In conclusion, the High Court upheld the ITAT's decision, stating that the assessee had adequately proven the genuineness of the transactions and the capacity of the lenders, thereby dismissing the Revenue's challenges.
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