2017 (7) TMI 921 - HC - Income Tax

Addition of unexplained cash credits under Section 68 - counsel submits that farmers has given a statement that the cash was received by them from friends and relatives and the payments was made to the Assessee Firm - proof of genuineness of the Transactions and existence of the transactions - Tribunal deleted the addition - Held that - Appeal can only be entertained on substantial question of law. The Assessing Officer has given a report, which states that the genuineness of the farmers is established. They have given a statement that as the sale transactions was cancelled, they have collected the amount from friends and relatives and paid to the Respondent-Assessee. The said amount is not disputed by those farmers. The genuineness of the creditors and existence of the transactions is established. The initial burden on the assessee has been discharged. There was no reason to doubt the genuineness of the cash credit. The Commissioner and the Tribunal have arrived at a concurrent finding with regard to the said fact. - Decided in favour of assessee.

Issues:
1. Addition of unexplained cash credits under Section 68 of the Income Tax Act, 1961.
2. Deletion of additions made by the Assessing Officer.
3. Burden of proof on the Assessee regarding the identity, genuineness, and existence of transactions.
4. Assessment of the genuineness of farmers' statements and transactions.
5. Entitlement to entertain an appeal based on substantial question of law.

Analysis:

1. Addition of unexplained cash credits under Section 68:
The appellant contested the deletion of the addition of &8377; 39,14,000 by the Tribunal, arguing that the Assessee failed to prove the identity of the persons from whom the amount was received, the genuineness of the transactions, and the existence of the transactions. The appellant claimed that farmers' statements were not creditworthy, and the Tribunal erred in deleting the addition. However, the Respondent supported the Tribunal's decision, stating that the genuineness of the creditors and transactions was established, and the initial burden on the Assessee was discharged. The Court noted that the Commissioner and the Tribunal arrived at a concurrent finding regarding the genuineness of the cash credit, leading to the dismissal of the appeal.

2. Deletion of additions made by the Assessing Officer:
The appellant also challenged the deletion of additions amounting to &8377; 67,23,000 made by the Assessing Officer. The appellant argued that farmers could not explain the transactions adequately, with notices served to only a portion of them. However, the Court upheld the Tribunal's decision, emphasizing that the genuineness of the farmers and transactions was established. The Court found no reason to doubt the genuineness of the cash credit, leading to the dismissal of the appeal.

3. Burden of proof on the Assessee:
The appellant contended that the Assessee failed to satisfy the burden of proof regarding the identity, genuineness, and existence of the transactions. However, the Respondent argued that the Assessee successfully discharged the initial burden by providing statements from farmers confirming the transactions. The Court agreed with the Respondent, highlighting that the genuineness of the creditors and transactions was established, thereby dismissing the appeal.

4. Assessment of the genuineness of farmers' statements and transactions:
The Court evaluated the credibility of the farmers' statements and transactions in question. While the appellant raised concerns about the farmers' explanations, the Respondent maintained that the statements provided by the farmers were reliable and supported by the transactions' existence. The Court concurred with the Respondent's position, emphasizing the established genuineness of the transactions and creditors, leading to the dismissal of the appeal.

5. Entitlement to entertain an appeal based on substantial question of law:
The Court clarified that appeals could only be entertained on substantial questions of law. In this case, the Assessing Officer's report confirmed the genuineness of the farmers and transactions, which was upheld by the Commissioner and the Tribunal. As no substantial question of law arose from the case, the Court dismissed the appeal without costs.

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