2018 (2) TMI 256 - AT - Income Tax

Addition in respect of unsecured loans under Section 68 - Held that - Once the assessee discharges its initial onus of identity, genuineness of transaction and creditworthiness then the AO is precluded from going to question the source in view of the decision of the Hon ble Supreme Court in the case of CIT vs. Lovely Exports (2008 (1) TMI 575 - SUPREME COURT OF INDIA) wherein it was held that the names and address of the persons from whom the loan were taken have been furnished to the AO, then the AO is free to reopen the individual assessment in accordance with law but the additions cannot be regarded as undisclosed income u/s 68 of the Act. Cessation of liability - Held that - The issues need to be re-examined by the AO in the light of the additional evidences filed by the assessee. Hence, we set aside the issue of disallowance of interest expenses, disallowance of consultancy expenses, disallowance of deduction claimed under Section 80C/80D, disallowance of addition based on loose papers, deletion of addition made by the AO towards unproved sundry creditors under Section 41(1)(a), deletion of addition made towards unsecured loans under Section 68 of the Act, deletion of unexplained credit card expenses under Section 69C, deletion of unexplained jewellery and deletion of unexplained purchase of Ipod. The AO is directed to reconsider the issues in the light of the additional evidences filed by the assessee after affording reasonable opportunity of hearing.

2018 (4) TMI 1803 - AT

Issues Involved:
1. Addition of unsecured loans under Section 68 of the Income Tax Act, 1961.
2. Disallowance of interest expenses.
3. Disallowance of consultancy expenses.
4. Disallowance under Section 80C/80D of the Act.
5. Cessation of liability under Section 41(1)(a) of the Act.
6. Unexplained credit card expenses under Section 69C of the Act.
7. Unexplained purchase of Apple iPod.
8. Unexplained jewellery.
9. Addition towards Mundan Ceremony gifts under Section 69A of the Act.
10. Adhoc additions towards bank deposits under Section 69 of the Act.

Detailed Analysis:

1. Addition of Unsecured Loans under Section 68:
The assessee challenged the CIT(A)'s confirmation of the AO's addition of unsecured loans as unexplained cash credit under Section 68. The CIT(A) deleted the addition for opening balances from previous years but confirmed it for fresh credits where no evidence was provided. The Tribunal found that the CIT(A) deleted the addition without adequate reasoning and remanded the issue back to the AO for re-examination with the additional evidence provided by the assessee.

2. Disallowance of Interest Expenses:
The CIT(A) deleted the disallowance of interest expenses for A.Y. 2010-11 but confirmed it for A.Y. 2008-09 due to lack of evidence. The Tribunal directed the AO to reconsider the issue with the additional evidence submitted by the assessee.

3. Disallowance of Consultancy Expenses:
The CIT(A) confirmed the disallowance of consultancy expenses due to the assessee's failure to furnish evidence. The Tribunal remanded the issue back to the AO for re-examination in light of the additional evidence provided.

4. Disallowance under Section 80C/80D:
The CIT(A) confirmed the disallowance of deductions claimed under Section 80C/80D due to lack of evidence. The Tribunal directed the AO to reconsider the issue with the additional evidence submitted by the assessee.

5. Cessation of Liability under Section 41(1)(a):
The CIT(A) deleted the addition made by the AO towards cessation of liability for unproved sundry creditors, holding that the addition was not based on any incriminating material found during the search. The Tribunal remanded the issue back to the AO for re-examination with the additional evidence provided by the assessee.

6. Unexplained Credit Card Expenses under Section 69C:
The CIT(A) deleted the addition made by the AO towards unexplained credit card expenses, stating that merely possessing a credit card does not imply incurring expenses. The Tribunal remanded the issue back to the AO for re-examination with the additional evidence provided by the assessee.

7. Unexplained Purchase of Apple iPod:
The CIT(A) deleted the addition made by the AO towards the unexplained purchase of an Apple iPod without providing adequate reasoning. The Tribunal remanded the issue back to the AO for re-examination with the additional evidence provided by the assessee.

8. Unexplained Jewellery:
The CIT(A) deleted the addition made by the AO towards unexplained jewellery without providing adequate reasoning. The Tribunal remanded the issue back to the AO for re-examination with the additional evidence provided by the assessee.

9. Addition towards Mundan Ceremony Gifts under Section 69A:
In the case of another assessee, the CIT(A) confirmed the addition towards Mundan Ceremony gifts under Section 69A. The Tribunal remanded the issue back to the AO for re-examination with the additional evidence provided by the assessee.

10. Adhoc Additions towards Bank Deposits under Section 69:
The CIT(A) deleted the adhoc additions towards bank deposits under Section 69, but the Tribunal remanded the issue back to the AO for re-examination with the additional evidence provided by the assessee.

Conclusion:
The Tribunal allowed the appeals filed by the assessee and the Revenue for statistical purposes, directing the AO to reconsider all the issues in light of the additional evidence provided by the assessee after affording a reasonable opportunity of hearing. The Tribunal emphasized that no additions could be made in respect of unabated assessments without any incriminating material found during the search.

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