2019 (2) TMI 2046 - AT - Income Tax

Bogus and unexplained cash credit u/s 68 - loan transactions entered treated as bogus - addition on the basis of the investigation of the department - HELD THAT - AO has not concluded the investigation and without going into the documents furnished by assessee treated the unsecured loan as unexplained. From the documents and confirmation filed by the assessee contains that the transaction is through bank channels and even the entry in the account of Hema Trading Company Pvt. Ltd. is given through Bank channel hence this entry cannot be treated as unexplained in the given facts and circumstances of the case. Accordingly, we delete the addition and allow the appeal of the assessee.

Summary

Issues:
Confirmation of addition made on account of loan received as bogus and unexplained cash credit under section 68 of the Income Tax Act, 1961.

Analysis:
1. The only issue in this appeal is the addition made by the AO regarding the loan received from Hema Trading Company Pvt. Ltd. The appellant contested this addition, presenting several grounds challenging the decision. The appellant argued that the loan was genuine and provided various reasons to support this claim.

2. The AO based the addition on information received during a search and seizure action related to the Pravin Kumar Jain Group, indicating that the appellant received a loan considered as an accommodation entry. The AO issued a notice under section 133(6) to Hema Trading Company Pvt. Ltd., which was returned unserved. The AO also noted a transaction where the loan amount was credited and withdrawn on the same day, leading to the presumption of it being an accommodation entry.

3. The CIT(A) upheld the AO's decision, confirming the addition of the unexplained cash credit. However, the appellant provided substantial documentation to support the genuineness of the loan transaction, including ledger confirmations, bank statements, affidavits, ROC records, and statements under section 131 from involved parties.

4. The Tribunal analyzed the facts and circumstances, noting that the appellant had provided extensive evidence through bank channels to substantiate the loan transaction's authenticity. It was highlighted that Pravin Kumar Jain was not associated with Hema Trading Company Pvt. Ltd. at the time of the loan, as confirmed by various documents and affidavits.

5. Considering the evidence presented and the lack of conclusive investigation by the AO, the Tribunal concluded that the unsecured loan should not be treated as unexplained. The Tribunal found that the transaction was legitimate and conducted through proper banking channels, leading to the deletion of the addition and allowing the appeal of the assessee.

This detailed analysis of the judgment showcases the thorough examination of the issue at hand and the reasoning behind the decision to allow the appeal based on the provided evidence and legal considerations.