2019 (3) TMI 1598 - AT - Income Tax

Addition u/s 68 - loan received by the assessee from five loan creditors - HELD THAT - As sustained the loan obtained from the remaining three loan creditors amounting to ₹ 18,50,000/-. The assessee that he has filed all the details before the lower authorities and proved the identity and credit worthiness of the loan creditors and genuineness of the loan transaction. DR, on the other hand, states that the assessee has not filed the requisite details to substantiate the credit worthiness of the loan creditors and genuineness of the transaction. It is the settled proposition of law that for allowing any loan credit as genuine, the assessee has to substantiate with evidence to the satisfaction of the AO regarding the identity and credit worthiness of the loan creditor and genuineness of the transaction. Appropriate to restore the issue to the file of the AO with a direction to grant one final opportunity to the assessee to substantiate with evidence to his satisfaction regarding the fulfillment of the above three conditions in terms of the provisions of section 68 - Appeal filed by the assessee is allowed for statistical purposes.

Summary

Issues:
1. Addition of capital introduced by a partner of the firm.
2. Addition of loan amount from certain parties treated as unexplained.

Issue 1: Addition of capital introduced by a partner of the firm

The appeal was against the order confirming the addition of ?4 lakhs made by the Assessing Officer on account of capital introduced by a partner of the firm. The CIT(A) deleted the addition for three partners but confirmed the addition for one partner. The argument was that the capital introduced by partners should be taxed in the hands of the partner, not the firm. The Tribunal found merit in this argument, citing various decisions that additions should be made in the hands of the partners only, not the firm. The Tribunal referred to the decision of the Hon'ble Allahabad High Court in a similar case and held that no addition in the hands of the firm could have been made, only in the hands of the partner who contributed the capital. The order of the CIT(A) was set aside, and the ground raised by the assessee was allowed.

Issue 2: Addition of loan amount from certain parties treated as unexplained

The Assessing Officer made an addition of ?27,25,000 under section 68 of the Act for unexplained loans received by the assessee from five creditors. The CIT(A) deleted the addition for two creditors but sustained it for the remaining three. The assessee argued that all details were provided to prove the identity, credit worthiness of the creditors, and genuineness of the transactions. The Tribunal noted that the assessee failed to substantiate the credit worthiness of the loan creditors and genuineness of the transactions. It was held that the assessee must provide evidence to satisfy the Assessing Officer regarding the identity, credit worthiness, and genuineness of the loan transactions. The issue was restored to the Assessing Officer with directions to grant a final opportunity to the assessee to substantiate the conditions under section 68 of the IT Act. The second issue raised by the assessee was allowed for statistical purposes.

In conclusion, the appeal filed by the assessee was allowed for statistical purposes, with the Tribunal setting aside the addition of capital introduced by a partner and directing further investigation into the unexplained loans received by the assessee.