2020 (6) TMI 634 - AT - Income Tax

Addition u/s 68 - unexplained cash credit - AO's stand that mere filing of documents by the lender, does not prove identity and creditworthiness of the lender and genuineness of the transaction - HELD THAT - It is settled position of law that to avoid the rigors of Section 68, the assessee must prove the identity, creditworthiness of the lenders / investors to advance such monies and genuineness of the transactions. Assessee has discharged the primary onus to demonstrate fulfilment of primary ingredients of Sec.68 and it was incumbent upon revenue to dislodge the assessee s claim by bringing on record, cogent material to establish that the assessee s unaccounted money was routed in its books of account in the garb of unsecured loans. However, we are unable to find any such material except for the fact that additions were made merely on suspicious, conjectures and surmises. Therefore, no infirmity could be found, in the impugned order, in this regard. We confirm the appellate order. Revenue s appeal stands dismissed. Validity of Reopening of assessment u/s 147 - HELD THAT - Original return was processed u/s 143(1) and the case was reopened within 4 years upon receipt of tangible information from investigation wing which suggested possible escapement of income in the hands of the assessee. In our opinion, nothing more was required at this stage since Ld. AO had sufficient reasons to form such a belief. Therefore, we do not find much substance in assessee s cross-objections and see no reason to deviate from the findings of Ld.CIT(A), in the impugned order, in this regard. Resultantly, the cross-objections stands dismissed. Order being pronounced after ninety (90) days of hearing - COVID-19 pandemic and lockdown - HELD THAT - Taking note of the extraordinary situation in the light of the COVID-19 pandemic and lockdown, the period of lockdown days need to be excluded. See case of DCIT vs. JSW Limited 2020 (5) TMI 359 - ITAT MUMBAI

Issues Involved:
1. Deletion of addition made under Section 68 of the Income Tax Act.
2. Failure to prove identity, creditworthiness, and genuineness of the transaction.
3. Nature of credit in the absence of an agreement or MOU.
4. Validity of reassessment proceedings initiated under Section 147.

Issue-wise Detailed Analysis:

1. Deletion of Addition under Section 68:
The revenue contested the deletion of ?10,20,00,000/- added by the Assessing Officer (AO) under Section 68 of the Income Tax Act. The assessee had received this amount from M/s Minaxi Suppliers Private Limited (MSPL) as part of a Joint Venture Arrangement. The AO added this amount as unexplained cash credit, citing the assessee's failure to prove the genuineness of the transaction. However, the CIT(A) deleted this addition, observing that the assessee had provided sufficient documentary evidence, including confirmation letters, bank statements, and financial statements of MSPL, to prove the identity, creditworthiness, and genuineness of the transaction.

2. Failure to Prove Identity, Creditworthiness, and Genuineness:
The AO argued that the mere filing of documents by the lender does not prove the identity and creditworthiness of the lender and the genuineness of the transaction. The assessee provided documents such as the ITR of MSPL, directors' reports, balance sheets, and confirmation of ledger accounts. The CIT(A) concluded that the assessee had discharged the primary onus cast upon it under Section 68 by providing sufficient evidence. The Tribunal agreed with the CIT(A) that the AO did not bring any corroborative evidence to disprove the genuineness of the transaction.

3. Nature of Credit in the Absence of Agreement or MOU:
The AO raised concerns about the nature of the credit due to the absence of any agreement or MOU between the assessee and the lender regarding the proposed Joint Venture. The assessee explained that the proposed project could not take off due to government regulations. The CIT(A) found that the assessee had produced sufficient evidence to prove the transaction's genuineness and that the absence of an agreement did not diminish the transaction's validity. The Tribunal upheld this view, noting that the AO's addition was based on presumptions and conjectures without substantial evidence.

4. Validity of Reassessment Proceedings under Section 147:
The assessee challenged the reassessment proceedings, arguing that they were based on conjecture and surmises. The AO had reopened the case based on information from the DDIT (Investigation) suggesting possible income escapement. The CIT(A) held that the AO had sufficient reasons to believe that income had escaped assessment, thus justifying the reassessment proceedings. The Tribunal concurred, stating that the AO had tangible information to form a belief of income escapement, and therefore, the reassessment proceedings were valid.

Conclusion:
The Tribunal dismissed the revenue's appeal, upholding the CIT(A)'s order that deleted the addition of ?10,20,00,000/- under Section 68. The Tribunal also dismissed the assessee's cross-objections challenging the validity of the reassessment proceedings. The Tribunal emphasized that the assessee had provided sufficient documentary evidence to prove the identity, creditworthiness, and genuineness of the transaction, and the AO failed to disprove these claims with substantial evidence. The order's pronouncement was delayed due to the COVID-19 pandemic, and the Tribunal excluded the lockdown period while computing the limitation period for pronouncement.

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