2013 (4) TMI 913 - HC - Income Tax

Summary

Issues involved:
The issue pertains to the addition made by the Assessing Officer under Section 68 of the Income-tax Act, 1961 on account of alleged unexplained cash credit of Rs. 44.45 lacs. The main question raised for consideration was whether the Tribunal was right in law in deleting the addition u/s. 68 by holding that the assessee had discharged the initial burden cast upon him.

Judgment Details:

1. The Tribunal allowed the assessee's appeal by observing that the assessee had received an advance from Madhav Vidharbh Estate Pvt. Ltd. for the sale of property, which could not materialize due to the society not giving NOC for transfer of property. The deal was canceled, and the money was returned. The assessee had submitted various documents including the sales agreement, cancellation agreement, PAN number of the intending purchaser, and acknowledgment of return of income of the purchaser. Similarly, for deposits from Riddhi Siddhi Pvt. Ltd., the assessee provided bank documents, confirmation from the party, acknowledgment of return of income, and PAN number. The Tribunal held that by furnishing these documents, the assessee had discharged the initial burden u/s. 68.

2. The Tribunal cited the decision in the case of CIT v. Ranchod Jivabhai Nakhava, where it was held that once the assessee establishes the source of funds and the lenders' PAN details, the initial burden u/s. 68 is discharged. It was emphasized that the Assessing Officer should verify the lenders' returns to confirm the transaction's genuineness and creditworthiness before making any additions u/s. 68.

3. The High Court affirmed the Tribunal's decision, stating that the assessee had provided sufficient evidence to prove the source of funds and had met the initial burden u/s. 68. The Court noted that the revenue did not dispute the authenticity of the documents submitted by the assessee. Therefore, the addition made by the Assessing Officer was deemed unnecessary, and it was deleted.

4. The Court further emphasized that the Tribunal correctly applied the principles laid down in the Ranchhod Jivabhai Nakhava case and concluded that no question of law arose. As a result, the tax appeal was dismissed.