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2019 (8) TMI 644 - AT - Income Tax


Issues Involved:
Confirmation of addition of advance received from customers and corresponding deposits in bank account by Commissioner of Income Tax(Appeals).

Detailed Analysis:
1. The appeal was filed against the order of the Commissioner of Income Tax(Appeals) for the assessment year 2015-16, concerning the addition of ?29,98,647 towards advance received from customers and deposits in the bank account.
2. The Assessing Officer (AO) and the Commissioner of Income Tax(Appeals) confirmed the addition under section 68 of the Act, alleging lack of justification for the source and nature of the cash amount.
3. The appellant contended that the advances were received against sales of vehicles, supported by relevant documents like receipts, invoices, and customer details, establishing the identity, purpose, and creditworthiness of the customers.
4. The Tribunal noted that the appellant started business in March 2015, received advances from customers, and delivered vehicles in April 2015, with all transactions supported by documentation.
5. The Tribunal observed that the AO failed to verify the submitted documents, including receipts, invoices, and customer IDs, indicating the genuine nature of the transactions.
6. It was highlighted that the AO did not consider the explanations and evidence provided by the appellant, leading to an unjustified addition under section 68 of the Act.
7. The Tribunal emphasized that the advance amounts were not unexplained cash credits but legitimate transactions against sales, as evidenced by the documents submitted by the appellant.
8. Ultimately, the Tribunal concluded that the AO's action was unwarranted, deleted the addition made, and allowed the appeal of the assessee, emphasizing the genuine nature of the transactions and the adequacy of documentation provided.

This detailed analysis highlights the legal arguments, evidentiary support, and reasoning leading to the Tribunal's decision to overturn the addition of advance amounts received from customers and deposited in the bank account.

 

 

 

 

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