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2017 (1) TMI 1000 - AT - Income TaxAddition u/s 68 - unexplained share application money - proof of genuineness of the funds - Held that - Assessee company has filed source to prove the genuineness of the funds invested in the shares of the assessee company. The Assessing Officer had no information about the accommodation entry alleged to have been received by the appellant. There is no statement with reference to these companies that they were providing accommodation entries. There was no cash deposit found in the bank accounts of these companies. Therefore, the addition made by the Assessing Officer on the basis of simply a letter received from Investigation Wing cannot be treated as accommodation entry and the addition cannot be sustained on the basis of such letter without bringing adverse materials on records. The assessee has furnished all necessary documents to prove the genuineness of the transactions and creditworthiness of the investor company before Assessing Officer. Hence, the addition made by the Assessing Officer u/s 68 of the I.T. Act of ₹ 40,00,000/- was rightly deleted by the Ld. CIT(A) - Decided n favour of assessee
Issues Involved:
1. Deletion of addition under Section 68 of the Income Tax Act amounting to ?40,00,000/- received by the assessee company as share application money/premium from seven companies. 2. Evaluation of the creditworthiness and genuineness of the transactions involving the seven companies. Issue-wise Detailed Analysis: 1. Deletion of Addition under Section 68: The Revenue appealed against the order of the Commissioner of Income Tax (Appeals) [CIT(A)] who deleted the addition of ?40,00,000/- made by the Assessing Officer (AO) under Section 68 of the Income Tax Act. The AO had added this amount as unexplained cash credit, alleging that the assessee company received accommodation entries disguised as share application money from seven companies. The CIT(A) deleted this addition, concluding that the assessee had provided sufficient evidence to prove the genuineness of the share application money received. 2. Evaluation of the Creditworthiness and Genuineness of Transactions: The AO reopened the assessment based on an investigation report indicating that certain companies controlled by individuals (Sh. Surendra Kumar Jain and Sh. Virendera Kumar Jain) were providing accommodation entries. The AO issued a notice under Section 148 and subsequently made an addition of ?40,00,000/- under Section 68, citing that the companies providing the share application money were not genuine. During the reassessment proceedings, the assessee submitted various documents, including confirmations from the companies, their Permanent Account Numbers (PANs), copies of returns of income, bank statements, share application forms, and details of share allotments. Despite these submissions, the AO added the amount as unexplained cash credit, arguing that the companies were not found at the given addresses and their creditworthiness was not established. The CIT(A) reviewed the submissions and found that the assessee had indeed provided substantial evidence to support the identity, creditworthiness, and genuineness of the transactions. The CIT(A) noted that the companies were assessed to tax, had substantial share capital and reserves, and the transactions were conducted through banking channels. The CIT(A) also referenced multiple judicial pronouncements supporting the assessee's position, including: - ITO Vs. Neelkanth Finbuild Ltd.: Established that once the identity of shareholders is proven, no addition can be made without adverse evidence. - ITO v. N.C. Cables Ltd.: Highlighted that the AO must provide evidence to substantiate claims of accommodation entries. - CIT v. Kamdhenu Steel and Alloys Ltd.: Emphasized that merely failing to produce directors does not justify additions under Section 68 without additional material. - CIT Vs. Fair Finvest Ltd.: Stated that the AO must conduct meaningful inquiries if relying on investigation reports. - Commissioner of Income-tax v. Expo Globe India Ltd.: Supported the deletion of additions when the assessee satisfactorily explains the share application money with supporting documents. The Tribunal upheld the CIT(A)'s decision, agreeing that the assessee had adequately demonstrated the genuineness of the transactions and the creditworthiness of the investor companies. The AO's addition was deemed unsustainable as it was based merely on an investigation report without any corroborative adverse evidence. Conclusion: The Tribunal dismissed the Revenue's appeal, affirming the CIT(A)'s order to delete the addition of ?40,00,000/- under Section 68. The Tribunal found that the assessee had provided sufficient evidence to establish the identity, creditworthiness, and genuineness of the transactions, and the AO had failed to bring any credible evidence to contradict the assessee's submissions.
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