2008 (6) TMI 136 - HC - Income Tax

Cash credits business of predecessor entity was transferred as a going concern to assessee-company - Is the Tribunal right in holding that liability to pay tax in respect of the unexplained deposits did not arise on the ground that the company was incorporated on 14-02-85 while the cash credits were shown to have been introduced in the books of accounts of the company on 16-01-1985 Held yes tribunal had found as a matter of fact that there were no fresh credits

Summary

Issues involved:
Assessment of unexplained deposits under Section 68 of the Income Tax Act, 1961 for the Assessment Year 1987-88.

Detailed Analysis:

1. Background and Assessment Order:
The case involved unexplained deposits of Rs. 1,61,895/- by a Private Limited Company for the Assessment Year 1987-88. The Assessing Officer added the sum under Section 68 of the Income Tax Act, 1961, as the deposits were not satisfactorily explained by the assessee.

2. Appeals and Tribunal Decision:
The Commissioner (Appeals) confirmed the Assessing Officer's action, but the Tribunal accepted the appeal of the assessee. The Tribunal reasoned that the credits were introduced in the books of account before the incorporation of the company, and hence, the income earned by promoters could not be taxed in the hands of the company.

3. Legal Interpretation of Section 68:
Section 68 of the Act deems sums credited in an assessee's books for any Previous Year as income of that year if no satisfactory explanation is provided. The critical aspect is that the credits must be in a Previous Year, and only then can they be taxed in the assessment related to that year.

4. Analysis of Previous Year and Incorporation Date:
The Previous Year ended on 30-04-1986, likely starting on 01-05-1985. The company was incorporated on 14-02-1985, and the liabilities from the predecessor entity were transferred to the company. The credits in question were liabilities from before the incorporation, not fresh credits.

5. Legal Precedent and Decision:
Citing the Apex Court's decision, the Tribunal correctly applied the law. The company did not exist before incorporation, and income earned before that cannot be taxed in its hands. The Tribunal rightly concluded that the liability to pay tax did not arise as the company was incorporated after the credits were introduced.

6. Conclusion:
The High Court upheld the Tribunal's decision, stating that the liability to pay tax on unexplained deposits did not arise as the company was incorporated after the credits were shown in the books. The judgment favored the assessee, dismissing the appeal with no costs.

This detailed analysis highlights the legal interpretation, factual background, and reasoning behind the judgment, emphasizing the application of Section 68 of the Income Tax Act and the legal precedent set by the Apex Court.