2018 (4) TMI 410 - HC - Income Tax

Addition u/s 68 - Held that - All the requirement under Section 68 of the Income Tax Act, 1961 has been duly proved by the assessee by giving all the details and the findings recorded by the learned Appellate Tribunal, they are the findings of fact based on proper appreciation of documents on record. - Decided against revenue

Issues Involved:

1. Legitimacy of unsecured loans.
2. Identity, creditworthiness, and genuineness of transactions.
3. Applicability of precedents and legal principles.
4. Allegations of accommodation entries and non-payment of interest.
5. Evaluation of evidence and onus of proof.

Issue-wise Detailed Analysis:

1. Legitimacy of Unsecured Loans:
The primary issue was whether the sum of ?68,80,000 assessed as "unsecured loans" by the Assessing Officer (AO) was legitimate. The Income Tax Appellate Tribunal (ITAT) affirmed the Commissioner of Income Tax (Appeals) [CIT(A)]'s decision to delete this addition, holding that the assessee provided detailed information about the loans, including the names, addresses, and PANs of the creditor companies, as well as their financial documents. The Tribunal found no dispute regarding the existence and identity of the five companies, and the transactions were conducted through cheques, establishing their genuineness.

2. Identity, Creditworthiness, and Genuineness of Transactions:
The Tribunal analyzed each company's details and found that the assessee had discharged its onus to prove the identity, creditworthiness, and genuineness of the transactions. For instance, Unno Industries Ltd. provided confirmation and bank statements, showing no significant cash deposits. Similarly, Siddhachal Developers Pvt. Ltd. and Palasia Leasing Investment Company had sufficient financial credentials and provided necessary confirmations and documents. The Tribunal concluded that the AO's allegations of cash deposits and accommodation entries were baseless, as the companies had sufficient reserves and had been assessed under Section 143(3) of the Act.

3. Applicability of Precedents and Legal Principles:
The Tribunal distinguished the present case from the precedent set in CIT v. Rathi Fin-lease Limited, which dealt with share capital, not unsecured loans. The Tribunal noted that the AO's reliance on this case was misplaced, as the facts were dissimilar. The Tribunal also referred to the Supreme Court's decision in CIT v. Orissa Corporation (Private) Limited, emphasizing that the Revenue must pursue the matter further if the assessee provides sufficient details about the creditors.

4. Allegations of Accommodation Entries and Non-payment of Interest:
The AO alleged that the transactions were accommodation entries because no interest was charged. The Tribunal dismissed this allegation, stating that the unsecured loans were genuine transactions for a temporary period, and the absence of interest did not affect their genuineness. The Tribunal held that the creditors' decision not to insist on interest did not undermine the legitimacy of the transactions.

5. Evaluation of Evidence and Onus of Proof:
The Tribunal observed that the assessee had provided all possible documents to prove the identity, creditworthiness, and genuineness of the transactions. The AO, however, ignored these documents and proceeded to make additions under Section 68 of the Act based on incorrect and irrelevant facts. The Tribunal found that the AO was confused about the nature of the transactions, as evidenced by contradictory statements in the assessment order. The Tribunal upheld the CIT(A)'s decision to grant relief to the assessee, finding no ambiguity or perversity in the first appellate order.

Conclusion:
The High Court dismissed the appeal, agreeing with the Tribunal's findings that the assessee had discharged its burden of proof and that the AO's additions were unjustified. The Court found no substantial question of law arising in the matter, reinforcing the Tribunal's decision to delete the addition of ?68,80,000 as "unsecured loans."

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