2015 (8) TMI 1162 - AT - Income Tax

Unexplained cash credits - identity and credit worthiness of the creditors and the genuineness of the transactions had not been established - CIT (Appeals) denying the admission of additional evidence submitted by the assessee in appellate proceedings under Rule 46A - Held that - It appears from a plain reading of the order of assessment that the Assessing Officer at this stage, instead of putting the assessee on notice by affording the assessee an opportunity of being heard and to adduce evidence to rebut the Assessing Officer s view and buttress its own stands that the aforesaid four loans were genuine, proceeded to render an adverse finding in the matter thereby violating the principles of natural justice by not affording the assessee adequate opportunity to present evidence in this regard. On appeal too, the CIT (Appeals) in the impugned order, declined to admit the additional evidence sought to be admitted by the assessee u/R 46A of the Rules on the ground that the assessee was unable to establish reasonable cause since it was afforded adequate opportunity by the Assessing Officer. Thus we are of the view that the assessee was prevented by reasonable and sufficient cause from presenting the details, sought to be filed and admitted as additional evidence, since it had no opportunity to do so before the Assessing Officer and was not allowed to do so before the learned CIT (Appeals). We, therefore, in the interest of justice and equity, admit the additional evidence, filed by the assessee for consideration and adjudication. Decided in favour of assessee.

Summary

Issues:
- Denial of admission of additional evidence under Rule 46A
- Sustaining addition under Section 68 without proving credit worthiness of lenders
- Failure to appreciate evidence of identity, genuineness, and credit worthiness
- Error in sustaining addition despite loans received through proper banking channel

Issue 1: Denial of admission of additional evidence under Rule 46A:
The appellant challenged the denial of admission of additional evidence by the CIT (Appeals) under Rule 46A of the Income Tax Rules. The appellant argued that the Assessing Officer did not afford a reasonable opportunity to rebut the presumptions made regarding the loans from four individuals totaling Rs. 35 lakhs. The appellant contended that the Assessing Officer's actions violated principles of natural justice by not providing a show cause notice before making adverse findings. The appellant sought to admit additional evidence crucial to establishing the genuineness of the loans. The ITAT found that the Assessing Officer's failure to provide a fair opportunity for the appellant to present evidence warranted the admission of additional evidence. Consequently, the ITAT allowed the appellant's appeal on this ground, admitting the additional evidence for fresh consideration by the Assessing Officer.

Issue 2: Sustaining addition under Section 68 without proving credit worthiness of lenders:
The appellant contested the CIT (Appeals)'s decision to uphold the addition made by the Assessing Officer under Section 68, arguing that the credit worthiness of the lenders was not adequately proven. The appellant highlighted that the loans were received through proper banking channels, and relevant documentation, including PAN details, were submitted. The ITAT noted that the Assessing Officer's failure to provide the appellant with an opportunity to rebut the presumption regarding the loans' genuineness led to a violation of natural justice. The ITAT allowed the appeal on this ground, directing the matter to be reconsidered by the Assessing Officer.

Issue 3: Failure to appreciate evidence of identity, genuineness, and credit worthiness:
The appellant raised concerns about the CIT (Appeals) not appreciating the evidence presented to establish the identity, genuineness, and credit worthiness of the loan creditors. The ITAT observed that the Assessing Officer's actions lacked fairness by not allowing the appellant to counter the presumptions made. The ITAT, considering the principles of natural justice, admitted additional evidence crucial to determining the loans' genuineness and directed the Assessing Officer to reevaluate the matter.

Issue 4: Error in sustaining addition despite loans received through proper banking channel:
The appellant argued that the CIT (Appeals) erred in upholding the addition under Section 68, despite the loans being received through legitimate banking channels and providing necessary documentation. The ITAT found that the Assessing Officer's failure to provide a fair opportunity for the appellant to present evidence necessitated the admission of additional evidence. Consequently, the ITAT allowed the appeal for statistical purposes, directing a fresh consideration by the Assessing Officer regarding the loans' genuineness.