2017 (5) TMI 1585 - HC - Income Tax

Addition on account of sundry creditors - CIT-A deleted aforesaid addition, which has been reversed by Tribunal restoring order of Assessing Authority - Held that - Findings of facts have been recorded by Tribunal. Once huge amount of ₹ 277.01 lacs and odd shown towards sundry creditors could not be verified by Assessee by producing relevant documents, Tribunal has rightly allowed addition thereof and its finding of fact which is not shown to be perverse or contrary to record, in our view, would not give rise to any substantial question of law.

Summary

Issues:
Challenge to addition of sundry creditors in income tax assessment for Assessment Year 2010-11.

Analysis:
The appeal under Section 260A of the Income Tax Act, 1961 arose from a judgment by the Income Tax Appellate Tribunal regarding the addition of ?2,17,03,387 on account of sundry creditors for the Assessment Year 2010-11. The appellant challenged the addition made by the Assessing Officer, which was initially deleted by the Commissioner of Income Tax but later restored by the Tribunal. The appellant contended that the amount in question was shown as unpaid liability in the previous year's balance sheet. However, the Tribunal found discrepancies in the ledger account, noting that the Assessee failed to establish the names, addresses, and creditworthiness of the creditors. The Tribunal highlighted that the Assessee did not provide sufficient evidence to prove that the creditors were for goods or expenses, especially due to the absence of creditor names and addresses.

The Tribunal's decision was based on the lack of verifiable information regarding the sundry creditors, as the Assessee could not substantiate the nature of the liabilities or the identity of the creditors. The Tribunal emphasized that the mere mention of "Creditors for material and labour etc." in the accounts was insufficient to establish the legitimacy of the creditors without proper identification. Therefore, the Tribunal reversed the Commissioner of Income Tax's decision and reinstated the addition made by the Assessing Officer. The Tribunal's findings of fact were considered valid, as the Assessee failed to provide concrete evidence to support the existence and legitimacy of the sundry creditors.

In conclusion, the High Court dismissed the appeal, upholding the Tribunal's decision to add the amount of ?2,17,03,387 on account of sundry creditors in the income tax assessment for the Assessment Year 2010-11. The Court found no substantial question of law arising from the Tribunal's findings, as the Assessee's inability to verify the sundry creditors' details and establish their legitimacy led to the decision to uphold the addition in question.