2018 (1) TMI 1396 - HC - Income Tax

Addition u/s 68 - assessee had claimed bogus expenses - CIT(A) deleted the additional sum after verifying the expenses and observing that the payments were made through banking channels and that the service providers, in respect to whom expenses were claimed, were income tax assessee - ITAT confirmed these findings - Held that - Upon an overall conspectus of the circumstances, it is evident that the CIT(A) carried out a detailed analysis of the material on record, including, especially with respect to the genuineness of the transaction, whereby, the service providers were paid money towards expenses claimed in the assessee s returns. These findings are also collaterally supported by the fact that the service providers were income tax assessee. The ITAT confirmed these findings of fact. In the opinion of the Court, no question of law arises.

Summary

Issues:
1. Validity of the order of the Income Tax Appellate Tribunal regarding the sum brought to tax under Section 68 of the Income Tax Act, 1961 for A.Y. 2002-03.

Analysis:
The High Court addressed the issue of the Revenue's grievance against the ITAT's order upholding the sum of &8377; 1,14,12,184/- brought to tax under Section 68 of the Income Tax Act, 1961 for A.Y. 2002-03. The Revenue contended that the ITAT's findings were unreasonable and contrary to the weight of evidence. The AO had added back the sum based on the assertion that expenses claimed for various activities were not sustainable as the entries with respect to the service providers were deemed bogus. The AO relied significantly on a statement by Mr. S.K. Gupta regarding providing entry accommodation to various entities. However, the CIT(A) deleted the additional sum after verifying the expenses and confirming that payments were made through banking channels to income tax assessees who were the service providers in question. The ITAT upheld these findings, emphasizing the genuineness of the transactions and the tax status of the service providers.

The Court, upon a thorough review of the circumstances, noted that the CIT(A) had meticulously analyzed the material on record, particularly focusing on the genuineness of the transactions where payments were made to the service providers for claimed expenses. The fact that the service providers were income tax assessees further supported the authenticity of the transactions. The ITAT's confirmation of these findings of fact led the Court to conclude that no question of law was raised. Consequently, the Court dismissed the appeal, affirming the decisions of the lower authorities.

In conclusion, the judgment delved into the intricacies of the case, evaluating the genuineness of the expenses claimed and the credibility of the service providers involved. The Court's decision was based on the detailed analysis conducted by the CIT(A) and the supporting evidence regarding the legitimacy of the transactions, ultimately upholding the findings of the ITAT and dismissing the appeal.