2018 (9) TMI 1164 - AT - Income Tax

Penalty proceedings u/s. 271(1)(c) - addition made u/s.68 in respect of share application money from two companies - Held that - These parties did not appear before the Assessing Officer in response to the summons issued u/s.131; and secondly, in inquiry conducted by the Investigation Wing earlier these companies were found to be involved in providing accommodation entries. No specific inquiry or information pertaining to the assessee that these companies have provided the accommodation entries to the assessee was unearthed. Assessee has filed various evidences to prima-facie prove the identity of the parties, creditworthiness; and genuineness of the transaction. In light of these facts and evidences the preponderance of probability goes in favour of the assessee that the share application money has come from the known sources for which the entire transactions have been confirmed. At least in the penalty proceedings, it can be inferred that once these evidences have not been rebutted or found to be false, we do not find any reason to confirm the penalty on such additions. Accordingly, same are directed to be deleted. - Decided in favour of assessee

Summary

Issues Involved:
1. Levy of penalty under Section 271(1)(c) of the Income Tax Act.
2. Addition of ?15 lakhs as unaccounted money under Section 68.
3. Assessment of the creditworthiness and genuineness of transactions related to share application money.

Issue-wise Detailed Analysis:

1. Levy of Penalty under Section 271(1)(c):
The appeal was filed by the assessee against the order dated 31.08.2015, which confirmed a penalty of ?5,04,900/- under Section 271(1)(c) for the Assessment Year 2006-07. The penalty was levied due to the addition of ?15 lakhs made under Section 68 concerning share application money received from two companies.

2. Addition of ?15 Lakhs as Unaccounted Money under Section 68:
The assessee received ?15 lakhs as share application money from M/s. Ganga Infin Pvt. Ltd. (?7,00,000/-) and M/s. Kuberco Sales Pvt. Ltd. (?8,00,000/-). The Assessing Officer (AO) noted that these companies lacked creditworthiness and were merely paper entities used for accommodation entries. Despite the assessee providing affidavits and confirmations from the companies, the AO added ?15 lakhs as unaccounted money, citing that no supporting documents proving the identity, creditworthiness, and genuineness of the transactions were provided. Additionally, cash deposits were made in the bank accounts of these companies before issuing cheques to the assessee.

3. Assessment of Creditworthiness and Genuineness of Transactions:
The AO's investigation revealed that the companies did not maintain books of accounts and were not engaged in actual business activities. Summons issued to the principal officers of these companies were returned with remarks indicating they had left the addresses. The assessee argued that the companies had shifted locations and requested fresh notices to be issued. The AO sent summons to the new addresses, but they remained uncomplied with. The assessee contended that it had discharged its onus by filing confirmations and other documents evidencing the identity of the share applicants. The payments were made through banking channels and were later refunded. The assessee also provided various documents, including company master data, affidavits, confirmations, bank statements, and income tax returns of the companies.

Tribunal's Findings:
The Tribunal noted that the assessee had submitted sufficient evidence to substantiate the identity, creditworthiness, and genuineness of the transactions. The companies had replied directly to the AO in response to the summons issued under Section 131, confirming the transactions. The Tribunal found that the only reason for the addition was the non-appearance of the parties before the AO and the general finding of the Investigation Wing that these companies were involved in providing accommodation entries. However, no specific inquiry or information pertaining to the assessee was unearthed. The Tribunal concluded that the preponderance of probability favored the assessee, as the share application money came from known sources, and the transactions were confirmed. Therefore, the penalty was not justified, and the appeal was allowed.

Conclusion:
The Tribunal allowed the appeal, directing the deletion of the penalty of ?5,04,900/-. The assessee successfully demonstrated the identity, creditworthiness, and genuineness of the transactions related to the share application money, and the evidence provided was not rebutted or found to be false.