2019 (7) TMI 533 - AT - Income Tax

Addition to equity to unsecured loans sundry creditors - CIT(A) recorded facts that 1500 investors have filed FIR's law suits claiming about ₹ 15 crores as paid by them - Crime Branch status report clearly establishes that the assessee had collected funds from public at large and had not repaid them - HELD THAT - Addition does not stand as there is no doubt that there were depositors. The facts are that the appellant had collected funds and had not repaid them. Further there were investors who had filed law suits against the appellant for recovery of their money. Therefore, the existence of the depositors cannot be doubted. The addition on all three accounts is therefore deleted. Addition of car running and maintenance expenses - 1/5th was disallowed on account of personal use by directors - HELD THAT - In the case of a company disallowance on account of personal use of vehicle cannot be made. Hence, the addition was rightly deleted by the Ld. CIT(A), which does not need any interference on our part, therefore, we uphold the action of the Ld. CIT(A) on the issues in dispute and reject the ground raised by the Revenue.

Issues Involved:
1. Deletion of addition on account of share/equity capital.
2. Deletion of addition on account of unsecured loans.
3. Deletion of addition on account of sundry creditors.
4. Deletion of addition on account of fixed assets.
5. Deletion of addition on account of vehicle running and maintenance expenses.
6. Deletion of 1/5th addition out of car depreciation due to personal use by directors.

Issue-wise Detailed Analysis:

1. Deletion of Addition on Account of Share/Equity Capital:
The Revenue argued that the Ld. CIT(A) erred in deleting the addition of ?5,23,42,500/- on account of share/equity capital without appreciating the fact that the assessee failed to produce evidence. The CIT(DR) supported the AO's stance, emphasizing the lack of evidence regarding the identity, creditworthiness, and genuineness of the transactions. The Tribunal, however, upheld the CIT(A)'s decision, noting that the existence of depositors was established through multiple lawsuits filed by investors, which indicated that the funds collected were not necessarily the assessee’s undisclosed income.

2. Deletion of Addition on Account of Unsecured Loans:
The Revenue contended that the Ld. CIT(A) erred in deleting the addition of ?21,80,11,355/- on account of unsecured loans. The CIT(DR) reiterated that the assessee failed to provide documentary evidence supporting the unsecured loans. The Tribunal found that the CIT(A) had rightly concluded that the existence of depositors was not in doubt, as evidenced by the lawsuits filed by investors. The Tribunal upheld the deletion of the addition, agreeing with the CIT(A) that the funds collected were from genuine depositors.

3. Deletion of Addition on Account of Sundry Creditors:
The Revenue objected to the deletion of ?9,45,25,367/- on account of sundry creditors, arguing that the assessee failed to produce evidence. The Tribunal agreed with the CIT(A)'s findings that the existence of sundry creditors was supported by the lawsuits filed by investors, which confirmed that the funds were collected from the public. The Tribunal upheld the CIT(A)'s decision to delete the addition.

4. Deletion of Addition on Account of Fixed Assets:
The Revenue challenged the deletion of ?11,20,17,167/- on account of fixed assets, citing a lack of evidence. The Tribunal found that the CIT(A) had correctly noted that assets would have been purchased for business purposes, and there was no basis to sustain the addition made by the AO. The Tribunal upheld the deletion of the addition, agreeing with the CIT(A)'s assessment.

5. Deletion of Addition on Account of Vehicle Running and Maintenance Expenses:
The Revenue argued that the Ld. CIT(A) erred in deleting the addition of ?1,00,000/- on account of vehicle running and maintenance expenses. The Tribunal found that in the case of a company, personal use of the vehicle by directors cannot be a ground for disallowance. The Tribunal upheld the CIT(A)'s decision to delete the addition.

6. Deletion of 1/5th Addition Out of Car Depreciation Due to Personal Use by Directors:
The Revenue contended that the Ld. CIT(A) erred in deleting the 1/5th addition of ?44,888/- out of car depreciation due to personal use by directors. The Tribunal agreed with the CIT(A) that in the case of a company, disallowance on account of personal use of a vehicle cannot be made. The Tribunal upheld the deletion of the addition.

Conclusion:
The Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s decisions on all grounds. The Tribunal found no infirmity in the CIT(A)'s findings and concluded that the additions made by the AO were not justified. The appeal was decided ex parte due to the non-appearance of the assessee or its representative. The order was pronounced on 08/07/2019.

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