2012 (2) TMI 732 - AT - Income Tax

Summary

Issues Involved:

1. Addition on account of share application money.
2. Addition on account of deposits and unsecured loans.
3. Disallowance of interest paid for loans and advances.
4. Charging of interest u/s 234A, 234B, and 244A of the Act.
5. Addition on account of unexplained credits u/s 68 of the Act.
6. Addition on account of unpaid bonus.

Summary:

I. ITA No.1253/A/04 - A.Y. 1993-94:

1. Addition of Rs.16,49,000/- on account of share application money:
- The CIT (A) confirmed the addition, stating that the parties who claimed to have lent the funds did not provide sufficient evidence of their income sources or reasons for investment, making the transactions non-credible and non-verifiable.

2. Addition of Rs.35,35,000/- on account of deposits and unsecured loans:
- The CIT (A) noted that despite opportunities, the assessee could not produce sufficient evidence for most creditors. The matter was remitted back to the AO to verify the details provided by the assessee and complete the enquiry.

3. Disallowance of Rs.20,526/- for interest paid for loans and advances:
- The CIT (A) upheld the disallowance, reasoning that the genuineness of the deposits was not confirmed.

4. Charging of interest u/s 234A and 234B:
- The ground was dismissed as charging of interest u/s 234A and 234B is mandatory and consequential.

II. ITA No.1254/A/04 - A.Y. 1994-95:

1. Addition of Rs.29,73,120/- on account of share application money:
- The CIT (A) confirmed the addition, treating the amounts received as unexplained and unaccounted income u/s 68 of the Act. The issue was remitted back to the AO for verification of details and appropriate action.

2. Charging of interest u/s 234A and 234B:
- The ground was dismissed as charging of interest u/s 234A and 234B is mandatory and consequential.

III. ITA No.1255/A/04 - A.Y. 1996-97:

1. Addition of Rs.47,73,776/- on account of unexplained credits u/s 68 of the Act:
- The CIT (A) confirmed the addition but directed the AO to extend relief if the transactions were verified as genuine. The issue was remitted back to the AO for further enquiry.

2. Disallowance of Rs.1,50,218/- on account of interest paid on borrowing funds diverted for non-business purposes:
- The CIT (A) upheld the disallowance, stating that no credible evidence was provided to substantiate the nexus between non-interest bearing deposits and advances.

3. Addition of Rs.3,898/- being unpaid bonus:
- The addition was deleted considering the smallness of the claim.

4. Charging of interest u/s 234A, 234B, and 244A:
- The ground was dismissed as charging of interest u/s 234A, 234B, and 244A is mandatory and consequential.

Conclusion:
- Appeals for A.Ys 1993-94 and 1996-97 were partly allowed for statistical purposes.
- Appeal for A.Y. 1994-95 was allowed for statistical purposes.