2022 (11) TMI 1431 - AT - Income Tax

Addition u/s 68 - addition of investment made in share capital of SBQ Steels Ltd - CIT(A) also confirmed the action of the AO - HELD THAT - Nothing was produced to prove that the investments in shares of SBQ Steels Ltd., by the assessees are out of the explained investment. Since the assessees could not produce anything before us, we dismiss this issue of the assessees and the orders of the lower authorities are confirmed.

Summary

Issues:
Appeal barred by limitation due to delay in filing, Addition of investment in share capital of SBQ Steels Ltd. as unexplained income under section 68 of the Income Tax Act, 1961.

Issue 1: Appeal Barred by Limitation
The appeals filed by the assessees in ITA No. 735/Chny/2020 & ITA No. 736/Chny/2020 were barred by limitation by 140 days. The delay in filing was attributed to the Covid-19 pandemic and nationwide lockdown. The Hon'ble Supreme Court had given directions to condone delays during the specified period, which was considered in this case. The Tribunal, in line with the Supreme Court's directions, condoned the delay and admitted the appeals for adjudication.

Issue 2: Addition of Investment in Share Capital
The common issue in the appeals of the assessees was the challenge against the addition of investments made in the share capital of SBQ Steels Ltd. by the Assessing Officer as unexplained income under section 68 of the Income Tax Act. The Assessing Officer noted that the investments were made from alleged sale proceeds of share investments from shell companies of Kolkata, providing accommodation entries. The AO confirmed the addition based on various factors, including lack of proof of share capital and share premium, absence of capacity to command share premium, lack of evidence on the existence of share investments, and failure to produce former directors or provide contact details.

Analysis of the Tribunal's Decision
The Tribunal considered the facts and circumstances of the case, including a search action under section 132 of the Act in connection with the assessees and their group companies. It was observed that the assessees failed to provide evidence to prove that the investments in shares of SBQ Steels Ltd. were from explained sources. The Tribunal noted the lack of proof presented by the assessees and upheld the orders of the lower authorities, dismissing the appeals filed by the assessees.

Conclusion
The Tribunal dismissed the appeals filed by the assessees in various assessment years related to the addition of investments in the share capital of SBQ Steels Ltd. The Tribunal confirmed the orders of the lower authorities based on the lack of evidence provided by the assessees to substantiate the source of the investments. The decision was pronounced in open court on 25th November, 2022, at Chennai.