2020 (2) TMI 1463 - HC - Income Tax

Unexplained cash credit in their books charged to income tax in the previous year in question - ITAT held additions in question are not based on any incriminating material and there is no evidence that any cash was deposited by the assessee company also there is no material whatsoever brought on record to demonstrate that the alleged cash deposit made in the bank account of a third party was from the assessee company - HELD THAT - The tribunal is the final fact finding authority. A plausible adjudication on facts has been made. We cannot reopen the facts any more in this jurisdiction. No questions of law far less any substantial question of law is involved.

Summary

Issues:
Appeal under Section 260A of the Income Tax Act, 1961 against the tribunal's order dated 5th December, 2018 - Whether the assessee had unexplained cash credit in their books chargeable to income tax in the previous year?

Analysis:
The High Court analyzed whether the assessee had unexplained cash credit in their books that could be charged to income tax. The Court noted that the tribunal had discussed and adjudicated upon questions of fact and evidence in paragraphs 10 and 10.2 of its order. The tribunal found that the material gathered by the Assessing Officer did not constitute incriminating evidence. The Court highlighted that the bank statements forming the cash trail were disclosed documents and not incriminating material. The tribunal concluded that the additions were not based on any incriminating material, as no evidence showed cash being routed from the assessee company to other companies in the chain.

The Court further considered the findings of the Assessing Officer and the CIT(A). The CIT(A) had noted that no incriminating documents were seized during the search and seizure operations. Referring to legal precedents and decisions, the CIT(A) allowed the assessee's appeal on the ground that the additions made were not based on incriminating documents. The High Court emphasized that the tribunal is the final fact-finding authority, and it cannot reopen the facts in this jurisdiction. The Court concluded that no questions of law, let alone substantial questions of law, were involved in the case.

In the final decision, the High Court dismissed the appeal and the connected application. The Court held that the appeal and application were devoid of any substantial legal issues and upheld the tribunal's findings. The judgment highlighted the importance of factual adjudication by the tribunal and the absence of incriminating evidence in the case, leading to the dismissal of the appeal.

This detailed analysis of the judgment showcases the thorough examination of the facts, evidence, and legal precedents by the High Court in determining the tax liability of the assessee based on the presence or absence of incriminating material in the case.