2018 (10) TMI 1513 - HC - Income Tax

Addition u/s 68 - unexplained cash credit - absence of documentary evidence - Tribunal instead of endorsing it fully and dismissing the Revenue s appeal in its entirety deems it fit and proper to send the matter back to the AO so as to verify and examine whether indeed there is any repayment - Held that - Once it was satisfied with regard to the essential ingredients of the section and the manner in which the whole case was approached by the Commissioner, then, with regard to the assertion of repayment and styling it as a subsequent development relevant and germane to the case in hand, the Tribunal deemed it fit and proper to send the matter back to the Assessing Officer. That is to make it doubly sure as to whether indeed there was a repayment of the amount borrowed and claimed as advances from these parties. We do not think that we should entertain a further appeal to this Court for it is not possible to re-appreciate and reappraise such factual findings. They are not demonstrably perverse nor vitiated by any error of law apparent on the face of the record.

Summary

Issues:
Challenge to concurrent finding of fact regarding section 68 of the Income Tax Act, 1961.

Analysis:
1. The Revenue appealed challenging a concurrent finding of fact regarding section 68 of the Income Tax Act, 1961. The appellant argued that the essential ingredients of section 68, including establishing the identity of the cash credit, creditworthiness, and genuineness of the transaction, were not examined. The Tribunal did not evaluate the fulfillment of these essential ingredients and relied on subsequent developments, such as repayment of borrowed amounts, to absolve the assessee. The Commissioner found discrepancies in the assessee's explanation and added unexplained cash credits to the total income. Penalty was also proposed. The Tribunal endorsed the Commissioner's findings, emphasizing the establishment of the cash creditor's creditworthiness, and sent the matter back to the Assessing Officer for verification of repayments.

2. The appellate authority found that the entire record was before the Assessing Officer, who raised concerns about the source of advances received by the assessee. The Assessing Officer added unexplained cash credits to the total income, leading to an appeal by the assessee. The Commissioner, after detailed analysis, concluded that the identity, creditworthiness, and genuineness of the transactions were established by the assessee. The Commissioner highlighted evidence supporting the creditworthiness of the cash creditors, ultimately disagreeing with the Assessing Officer's conclusions.

3. The Tribunal, after reviewing the Commissioner's detailed findings, upheld the decision, emphasizing the correctness of legal principles applied. The Tribunal considered the subsequent development of repayments to validate the genuineness of the transactions. While the Revenue's appeal was dismissed, the Tribunal sent the matter back to the Assessing Officer to verify the repayments. The Tribunal's decision was deemed appropriate, ensuring thorough examination of repayment assertions and maintaining the integrity of the factual findings.

4. The legal principles regarding section 68 were extensively discussed, referencing the judgment in Commissioner of Income Tax vs. P. Mohanakala. The application of legal principles depended on the specific facts and circumstances of each case. The Supreme Court's endorsement of findings based on proper appreciation of material and surrounding circumstances was highlighted. The Tribunal's decision to send the matter back for repayment verification was deemed justified, considering the factual intricacies and legal principles involved.

5. In conclusion, the High Court dismissed the appeal, noting the academic nature of the proposed question by the Revenue. The Court upheld the Tribunal's decision, emphasizing the thorough examination of facts and adherence to legal principles. The appeal was dismissed without any order as to costs, affirming the Tribunal's decision and the Commissioner's detailed analysis supporting the assessee's position.