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2017 (2) TMI 342 - HC - Income TaxAddition u/s 68 - ITAT ruled that the additions were unwarranted - Held that - The appellant has adduced the documentary evidences in support of the transaction in question. The identity of the purchasers of the shares was established as it was borne on the record of the Income Tax Department. The purchasers have PAN card as well. ITAT discounted the Revenue s submissions that the investment shown in the book of accounts and reflected as assets in the side of the balance sheet, should have been properly treated and that in the absence of such treatment Section 68 applies. The ITAT rejected this contention and held - based upon the principles enunciated in CIT v. Vishal Holding & Capital Pvt. Ltd. (2010 (8) TMI 634 - DELHI HIGH COURT ) that the invocation of Section 68 in the circumstances is unwarranted. - Decided n favour of assessee
Issues involved:
1. Revenue's appeal against ITAT's order regarding additions made under Section 68. 2. Reopening of assessment under Section 147/148 based on suspect transactions. 3. CIT (A)'s decision to uphold reopening but delete sums added by AO. 4. ITAT's agreement with CIT (A) and rejection of Revenue's arguments regarding Section 68 application. Analysis: Issue 1: Revenue's appeal against ITAT's order regarding additions made under Section 68 The Revenue contested the ITAT's decision affirming the Appellate Commissioner's ruling that additions made under Section 68 were unwarranted. The Revenue argued that both the Appellate Commissioner and ITAT misapplied the law, and the findings in the impugned order were unreasonable. Issue 2: Reopening of assessment under Section 147/148 based on suspect transactions After the assessee reported significant receipts for AY 2003-04 and AY 2004-05, the assessment was reopened under Section 147/148. The AO added a substantial amount based on suspect transactions with 21 parties. The CIT (A) upheld the reopening but directed the deletion of the sums added by the AO, emphasizing the need for the AO to establish fraudulent nature with sound reasoning and evidence. Issue 3: CIT (A)'s decision to uphold reopening but delete sums added by AO The CIT (A) upheld the reopening of assessment but directed deletion of sums added by the AO. The CIT (A) emphasized that the amounts were part of the ordinary course of business for the assessee, engaged in trading shares and securities. The CIT (A) highlighted the lack of discrepancy in the evidence provided by the assessee and criticized the AO for not conducting a thorough verification process. Issue 4: ITAT's agreement with CIT (A) and rejection of Revenue's arguments regarding Section 68 application The ITAT concurred with the CIT (A) upon independent examination of the record and rejected the Revenue's argument that Section 68 should apply due to incorrect reflection of receipts in the balance sheet. The ITAT relied on legal principles and previous court decisions to conclude that the invocation of Section 68 was unwarranted in this case. In the final judgment, the High Court dismissed the appeals, stating that no question of law arose as the ITAT correctly applied the law based on the decisions of the Court and various legal precedents.
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