2014 (10) TMI 39 - HC - Income Tax

Cash credit entries - Identity of the creditors established - The Tribunal has confirmed the view of CIT(A) wherein the AO has directed to verified and deleted the addition same - the identity of the creditors was established - The transaction was made through the proper channel, so the genuineness of the transaction was also proved - The assessee has given the PAN number and full address of each creditors - Their assessment was pending with the same AO - verification of credit entries/transactions was very easy for the AO with the available record pertaining to the creditors - But the AO has not verified the same and adopted a shortcut method by making the addition the addition was deleted by the CIT(A) after obtaining the remand report from the AO - the amount was transferred from Bank of Baroda to Standard Chartered Grindlays Bank Account - the AO verified the transaction and found it to be correct the order of the Tribunal is upheld Decided against revenue.

Summary

Issues involved:
Appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal for the assessment year 2002-03 regarding cash credit entries and bank account transactions.

Analysis:
The appeal before the Allahabad High Court was filed by the Department under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal for the assessment year 2002-03. The case involved a search and seizure operation under Section 132(1) of the Income Tax Act, 1961, at the premises of the assessee and Shri Amar Nath Gupta group. The additions made by the Assessing Officer based on cash credit entries and bank account transactions were deleted by the first appellate authority and the Tribunal. The Department, unsatisfied, filed the present appeal.

During the proceedings, it was noted that various cash credit entries were mentioned in the books of the account of the assessee, along with credit entries in the Savings Bank account. The CIT(A) had initially deleted the additions but referred the matter back to the A.O. for the addition of a specific amount transferred between banks. The A.O. verified and deleted the addition himself, leading to the deletion of all additions. The Tribunal confirmed this decision, noting the established identity of the creditors, proper transaction channels, and the availability of PAN numbers and addresses of the creditors.

Regarding the bank entries, it was found that the amount was transferred between banks as per the direction of the CIT(A), and the A.O. verified the transaction's correctness. The Court found no reason to interfere with the Tribunal's decision, ultimately dismissing the appeal filed by the Department at the admission stage. The judgment emphasized the importance of proper verification of transactions and the genuineness of credits, highlighting the need for thorough assessment before making additions.

In conclusion, the High Court upheld the Tribunal's decision to delete the additions, emphasizing the importance of proper verification and adherence to procedural requirements in assessing cash credit entries and bank transactions for income tax purposes.