2022 (5) TMI 1586 - AT - Income Tax

Unexplained cash credit u/s 68 - bogus share capital - HELD THAT - Assessee has raised share capital of huge amount but has not filed any evidences to prove the identity and creditworthiness of the investors as well as the genuineness of the transactions and there is no materials before us to take a contrary view. No reason to interfere with the decision of the CIT(A) as the share capital raised by the assessee remained unproved. Decided against assessee.

Summary

Issues: Appeal against addition of unexplained cash credit u/s 68 of the Income Tax Act, 1961 for the assessment year 2012-13.

Analysis:
1. The appellant challenged the addition of Rs. 24,36,00,000 as unexplained cash credit under section 68 of the Income Tax Act, 1961. Despite multiple opportunities, the appellant and its representative did not appear for the hearing, and no documents were submitted before the authorities. The Commissioner of Income Tax (Appeals) decided the case ex-parte due to the appellant's non-appearance.

2. The Appellate Tribunal observed that the appellant failed to provide any evidence regarding the identity and creditworthiness of the investors, as well as the genuineness of the transactions. The Tribunal noted the lack of materials to support a contrary view. Consequently, the Tribunal upheld the Commissioner's decision, as the share capital raised by the appellant remained unproved.

3. The Tribunal emphasized that the decision was based on the available materials and the failure of the appellant to substantiate its claims. Without any supporting evidence, the Tribunal found no grounds to interfere with the Commissioner's order. Therefore, the appeal was dismissed, affirming the addition of unexplained cash credit under section 68 of the Income Tax Act, 1961 for the assessment year 2012-13.