2011 (2) TMI 1612 - AT - Income Tax

Summary

Issues Involved:
1. Addition of Rs. 4,50,000 as unexplained cash credit u/s 68.
2. Levy of interest u/s 234A, 234B, 234C, and 234D.
3. Initiation of penalty u/s 271(1)(c).

Summary:

Issue 1: Addition of Rs. 4,50,000 as unexplained cash credit u/s 68
The primary issue was the addition of Rs. 4,50,000 as unexplained cash credit u/s 68 of the Income Tax Act. The Assessing Officer (AO) added this amount, stating that the assessee failed to prove the genuineness, creditworthiness, and existence of creditors, namely M/s. Parshva Sales Corporation, Shakti Corporation, and M.D. Mehta & Co. The Commissioner of Income Tax (Appeals) upheld this addition, emphasizing that the assessee did not discharge the onus of proving the identity, genuineness, and creditworthiness of the creditors. The Tribunal, however, found that the assessee had provided sufficient evidence, including PAN cards and income tax details, and that transactions were made through account payee cheques. The Tribunal cited the Gujarat High Court's decision in CIT vs. Sanjay K. Thakkar, which held that if the AO is not satisfied with the creditor's capacity or source, the addition should be made in the creditor's hands, not the assessee's. Consequently, the Tribunal deleted the addition of Rs. 4,50,000 u/s 68.

Issue 2: Levy of interest u/s 234A, 234B, 234C, and 234D
The second issue was the levy of interest u/s 234A, 234B, 234C, and 234D. As no submissions were made by the assessee's Authorized Representative during the hearing, this ground of appeal was dismissed for want of prosecution.

Issue 3: Initiation of penalty u/s 271(1)(c)
The third issue concerned the initiation of penalty u/s 271(1)(c). Similar to the second issue, no submissions were made by the assessee's Authorized Representative, leading to the dismissal of this ground of appeal for want of prosecution.

Conclusion:
The appeal was partly allowed, with the Tribunal deleting the addition of Rs. 4,50,000 made u/s 68, while dismissing the grounds related to the levy of interest and initiation of penalty due to lack of prosecution.