2015 (5) TMI 229 - HC - Income Tax

Unexplained source of the cash deposit in bank account - ITAT deleted addition relying upon its observation in the case of M/s. Natural Biocon (India) Ltd - Held that - On considering the order passed by the learned Tribunal in the case of M/s. Natural Biocon (India) Ltd. for the Assessment Year 1996-97 the learned Tribunal had an occasion to consider the share application money of ₹ 25 lacs received by M/s. Natural Biocon (India) Ltd. from the present assessee-Shri Makwana. It is true that in the case of M/s. Natural Biocon (India) Ltd. the Assessing Officer made a protective addition of ₹ 25 lacs as Shri Makwana claimed that the investment of ₹ 25 lacs was made by taking advance from the M/s. Natural Biocon (India) Ltd.. However, while deleting such addition, the learned Tribunal did observe that the source of the share application money of ₹ 25 lacs made by Shri Makwana has been explained as advance received by him from M/s. Natural Biocon (India) Ltd.. The learned Tribunal has also observed in the case of M/s. Natural Biocon (India) Ltd. that the Assessing Officer himself admitted that such advance was given to Shri Makwana through banking channel. The learned Tribunal also observed that there is no dispute about the capacity of the M/s. Natural Biocon (India) Ltd. in giving the advance of ₹ 25 lacs to Shri Makwana. Thus it cannot be said that the learned Tribunal has committed any error in deleting the addition of ₹ 25 lacs made by the Assessing Officer as unexplained investment confirmed by the learned CIT(A). We confirm the view taken by the learned Tribunal. No substantial question of law - Decided against revenue.

Summary

Issues:
1. Whether the ITAT was justified in not upholding the finding of the CIT(A) regarding the source of cash deposit in the assessee's bank account?
2. Whether the ITAT should have examined the facts material to the impugned transaction before rendering its decision?

Analysis:

Issue 1:
The appellant challenged the order of the Income Tax Appellate Tribunal (ITAT) regarding a cash deposit of Rs. 25 in the assessee's bank account for the Assessment Year 1996-97. The ITAT had deleted the addition of Rs. 25 lacs made by the Assessing Officer, considering it as unexplained investment. The Tribunal based its decision on a previous case involving M/s. Natural Biocon (India) Ltd., where the same amount was considered. In that case, it was found that the amount was an advance given by the company to the assessee, which was explained through banking channels. The Tribunal concluded that the source of the amount was clarified and accepted. Therefore, the High Court upheld the Tribunal's decision, stating that no error was committed in deleting the addition, as the source of the amount was explained and accepted.

Issue 2:
The appellant also argued that the ITAT should have examined the facts material to the impugned transaction before making a decision. However, the High Court noted that the ITAT had thoroughly considered the source of the Rs. 25 lacs in the case of M/s. Natural Biocon (India) Ltd. and found it to be an advance given through banking channels. The Court agreed with the Tribunal's findings that the amount was not an unexplained investment and therefore, upheld the decision to delete the addition. The Court concluded that no substantial question of law arose in the case, and thus dismissed the Tax Appeal.

In summary, the High Court upheld the ITAT's decision to delete the addition of Rs. 25 lacs in the assessee's bank account, as the source of the amount was explained and accepted. The Court found no error in the Tribunal's decision and dismissed the Tax Appeal, stating that no substantial question of law was involved.