2020 (12) TMI 69 - AT - Income Tax

Addition made u/s. 68 - share capital/share premium received from shareholders - HELD THAT - As in assessee s group concerns case on identical facts the Tribunal deleted the addition as the assessee has discharged its initial onus to prove identity, genuineness of the transaction and creditworthiness of the parties by filing numerous documents. The addition was made without carrying out further enquiries in order to ascertain the claim of the assessee, AO jumped into conclusion on the basis of financial statements of subscribers that none of them had enough sources of income to establish creditworthiness, thus, the Tribunal deleted the additions. As assessee has discharged its initial onus to prove the identity, genuineness of the transaction and creditworthiness of the parties by filing all these documents direct the AO to delete the additions made towards share capital u/s. 68 - Decided in favour of assessee. Assessment u/s 153A - Disallowance u/s 14A - HELD THAT - We delete the disallowance in the absence of any seized materials for making the disallowance u/s. 14A while completing the assessment u/s.143(3) r.w.s. 153A -AO was erred in making additions towards disallowances of expenditure, in relation to exempt income u/s 14A r.w.Rule 8D(2), in absence of seized materials - Decided in favour of assessee.

Summary

Issues:
1. Appeal against sustaining addition u/s. 68 of the Act for share capital/share premium received.
2. Disallowance made u/s. 14A of the Act.

Analysis:
Issue 1: The appeal was filed against the order sustaining the addition u/s. 68 of the Act for share capital/share premium received. The assessee argued that a similar issue was decided in favor of the assessee in group concerns by the Tribunal. The Tribunal in the group cases deleted the addition as the assessee proved identity, genuineness of transaction, and creditworthiness of the parties through various documents. The Tribunal observed that the Assessing Officer erred in making additions without further inquiries and based solely on financial statements. The Tribunal reversed the findings of the CIT(A) and directed the AO to delete the additions towards share capital u/s. 68 of the Income Tax Act, 1961. The Tribunal also directed the AO to delete additions made towards probable commission payment.

Issue 2: The disallowance made u/s. 14A of the Act was also challenged in the appeal. The Tribunal observed that the AO made additions towards disallowances of expenditure without any incriminating material found as a result of search. It was established that in the absence of incriminating material, no additions could be made in the assessment framed u/s. 153A of the Act. The Tribunal, following legal precedents, held that the AO erred in making additions towards disallowances of expenditure in relation to exempt income u/s. 14A r.w.Rule 8D(2) without seized materials. The Tribunal reversed the findings of the CIT(A) and deleted the disallowance made u/s. 14A of the Act.

In conclusion, the appeal of the assessee was allowed, and both the additions u/s. 68 of the Act and the disallowance made u/s. 14A of the Act were deleted based on the Tribunal's detailed analysis and legal precedents.

Order pronounced on 06.11.2020 by Shri C.N. Prasad, Hon'ble Judicial Member of ITAT Mumbai.