2020 (8) TMI 232 - AT - Income Tax

Addition u/s 68 - unexplained cash credit - HELD THAT - Both the parties submitted that two issues in dispute needed a fresh and thorough examination and scrutiny and it would be in fitness of things if both the issues are remitted to the file of the AO for such purpose. Both the parties submitted and agreed that the examination and the verification of the 447 parties would necessarily have to be carried out at the level of the AO. On a query from the Bench, the Ld. Authorized Representative gave an undertaking and assured the Bench that the assessee would fully cooperate in getting the advances verified before the AO. With respect to the interest disallowance both the parties submitted and agreed with this issue also needs detailed enquiry and examination and that the AO would be the best person to carry out such exercise. On this issue also, the Ld. Authorized Representative assured the Bench that the assessee would fully cooperate in getting issue resolve before the AO. Remit issue to the AO for fresh verification, examination and adjudication as per law after giving proper opportunity to the assessee to present its case. We also direct the assessee to extend full co-operation to the AO and submit the relevant documents and details in this regard when called upon to do so - Appeal of the Department stands allowed for statistical purposes.

Summary

Issues:
1. Addition of unexplained cash credit under section 68 of the Income Tax Act.
2. Disallowance of interest paid on interest-free loan granted to sister companies.

Analysis:

Issue 1: Addition of unexplained cash credit under section 68 of the Income Tax Act
The case involved a private limited company engaged in real estate business, which declared a loss in its income tax return. The Assessing Officer added an amount of ?21,70,34,294 under section 68 of the Act as unexplained cash credit, representing advance money received towards booking of flats from 447 parties. The Assessing Officer contended that the assessee failed to satisfactorily explain the cash credit. The Ld. CIT (A) deleted the entire addition after considering the explanation of the assessee and the remand report by the Assessing Officer. The Tribunal remanded the matter back to the Assessing Officer, but the High Court held that the matter did not require fresh adjudication as the complete material was already before the Tribunal. The High Court directed the Tribunal to examine the issue on merits without remitting it back to the Assessing Officer.

Issue 2: Disallowance of interest paid on interest-free loan granted to sister companies
The Assessing Officer made a disallowance of interest paid on an interest-free loan of ?28 crore granted to sister companies. The Ld. CIT (A) deleted this addition, which was challenged by the Department before the ITAT. The ITAT decided in favor of the assessee. The Department then appealed to the High Court, which remitted the matter back to the Tribunal for deeper scrutiny and examination. The Tribunal was directed to re-examine the issue, record factual findings, and apply legal principles. Both parties agreed that a detailed examination by the Assessing Officer was necessary for this issue. The Tribunal remitted both issues to the Assessing Officer for fresh verification, examination, and adjudication, with directions for the assessee to cooperate fully.

In conclusion, the Department's appeal was allowed for statistical purposes, and both issues were remitted to the Assessing Officer for further examination and adjudication in accordance with the law.