2008 (2) TMI 276 - HC - Income Tax

Cash credits explanation assessee is required to disclose the source of the depositor for establishing the capacity of the creditor mere explanation regarding the source of the receipt or credits in the account books of the assessee that he received the money from his wife and minor son who were not earning is not satisfactory burden not discharged by assessee to prove genuineness of transaction assessee s appeal dismissed

Summary

Issues:
Interpretation of Section 68 of the Income-tax Act, 1961 regarding burden of proof on the assessee for cash credits in the names of close relatives.

Analysis:
The judgment by the High Court of Allahabad involved a case where the Tribunal was questioned for extending the burden of proof on the assessee under section 68 of the Income-tax Act, 1961. Section 68 states that if any sum is found credited in the books of an assessee and the assessee offers no explanation about the nature and source thereof, the sum may be charged to income-tax. In this case, the assessee had credit entries showing receipt of funds from the assessee's wife and minor son.

The court analyzed the facts where the wife of the assessee had no known source of income but deposited significant amounts in her bank account, which were later withdrawn and given to the assessee. Similarly, the minor son of the assessee also had income but was found to have given funds to the assessee. The court divided the contents of section 68 into two parts: the first part requiring the assessee to explain the source of the credited sum, and the second part requiring a satisfactory explanation as per the Income-tax Officer's opinion.

The court emphasized that the explanation provided by the assessee must be satisfactory, depending on the facts and circumstances of each case. It was noted that the assessee must prove the identity of the creditor, the creditor's capacity to advance the amount, and the genuineness of the transaction. In this case, the capacity of the creditor, referring to the non-earning wife and minor son, could not be established without disclosing the source of the funds they provided to the assessee.

The court referred to various decisions and highlighted that the explanation provided by the assessee must establish the capacity of the creditor when credits are received from close relatives. Therefore, in cases involving close relatives like non-earning spouses or minor children, the explanation under section 68 should disclose the source of the funds to establish the creditor's capacity. Ultimately, the court answered the reference by holding that in such cases, the explanation provided by the assessee must disclose the source of the depositor to qualify as satisfactory.

In conclusion, the judgment clarified the interpretation of section 68 of the Income-tax Act, emphasizing the need for the assessee to provide a satisfactory explanation regarding cash credits from close relatives to establish the capacity of the creditor.