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2020 (12) TMI 236 - AT - Income TaxBogus LTCG - Addition u/s 68 - HELD THAT - The company is showing huge profits year after year starting from A.Y. 2004-05 running into crores and assessments have been completed u/s 143(3) from a.Y. 2004-05 till A.Y. 2014-15 except for A.Y. 2005-06 which is under 143(1) - AO had analysed the holding of shares of the applicant companies and had given a finding that all these companies are group companies and are directly or indirectly operated by the promoters of the assessee company. Therefore, in our view decision relied on by the ld. DR is not applicable to the facts of the present case - assessee has discharged the onus cast on it by proving the three ingredients of section 68 - Accordingly the grounds raised by the Revenue challenging the addition under section 68 of the Act for both years are dismissed. Addition on account of income from undisclosed source - addition made by the AO on the basis of the search that has taken place under section 132 of the Act in the case of SEL Manufacturing Company and the survey conducted in the premises of the assessee subsequent to the search - HELD THAT - A perusal of the assessment order shows that the assessee filed its return of income declaring total income - AO has not rejected the book results nor passed the order under section 144 - Since the assessee has shown income of ₹ 31,41,11,880/- which is much more than the amount of ₹ 20,24,39,341/-, therefore, such income, even if treated as bogus, has already been taxed and therefore, the addition of the same again will amount to double taxation which the ld. CIT(A) has rightly deleted. There is nothing on record to suggest that the assessee has booked any other part of expenditure in the Profit Loss Account, therefore, we find merit in the argument of the ld. counsel that the addition is a double addition which the ld. CIT(A) has rightly deleted - Decided in favour of assessee.
Issues Involved:
1. Addition under Section 68 of the Income Tax Act for unexplained cash credits. 2. Addition on account of income from undisclosed sources due to alleged bogus transactions of purchase and sales. Issue-wise Detailed Analysis: 1. Addition under Section 68 of the Income Tax Act for Unexplained Cash Credits: The primary issue revolves around the addition made by the Assessing Officer (AO) under Section 68 of the Income Tax Act, treating the share application money received by the assessee company as unexplained cash credits. The AO questioned the identity, creditworthiness, and genuineness of the transactions related to share application money received from various companies, citing that these companies had meager or no income and were directly or indirectly operated by the promoters of the assessee company. Findings and Analysis: - The AO noted that the assessee company had received substantial share application money from several companies at a high premium. - The AO alleged that these companies lacked the capacity to invest such amounts and were controlled by the assessee's promoters. - The AO made additions under Section 68, stating that the assessee failed to prove the identity, creditworthiness, and genuineness of the transactions. CIT(A) Observations: - The CIT(A) found that the assessee had provided sufficient evidence, including PAN details, income tax returns, bank statements, and balance sheets of the investor companies, proving the identity and creditworthiness of the investors. - The CIT(A) noted that the AO did not carry out any independent inquiries and disregarded the evidence gathered during the inquiry under Section 133(6). - The CIT(A) held that the current year's income is not a relevant criterion for assessing the capacity to invest; rather, the available funds as per the balance sheet and bank statements are crucial. - The CIT(A) highlighted that the AO had accepted similar investments from some of these companies in previous and subsequent years under Section 143(3). Tribunal's Decision: - The Tribunal upheld the CIT(A)'s findings, emphasizing that the assessee had discharged its burden of proof by providing relevant documents and evidence. - The Tribunal noted that the AO's approach was inconsistent and lacked proper application of mind, as he failed to conduct necessary inquiries and mixed up facts with some other case. - The Tribunal dismissed the Revenue's grounds, affirming that the assessee had satisfactorily proved the identity, creditworthiness, and genuineness of the transactions. 2. Addition on Account of Income from Undisclosed Sources Due to Alleged Bogus Transactions of Purchase and Sales: The second issue pertains to the addition made by the AO on account of income from undisclosed sources, alleging that the assessee was involved in bogus transactions of purchase and sales with SEL Manufacturing Company Ltd. Findings and Analysis: - The AO based his addition on the findings from a search conducted under Section 132 at SEL Manufacturing Company Ltd. and a subsequent survey at the assessee's premises. - The AO concluded that the assessee was involved in bogus transactions, introducing additional funds in the business, and made an addition of ?20,24,39,341/-. CIT(A) Observations: - The CIT(A) found that the AO had not rejected the books of accounts nor passed the order under Section 144. - The CIT(A) observed that the assessee had already offered the resultant difference of ?20.24 crores to tax, and thus, taxing the same amount again would result in double taxation. - The CIT(A) noted that the AO's adverse view was based on statements recorded under Section 133A, which lacked corroborative material. Tribunal's Decision: - The Tribunal upheld the CIT(A)'s decision, agreeing that the addition represented double taxation since the income on trading business had already been offered to tax. - The Tribunal emphasized that the AO had not gathered any additional evidence or material to substantiate the claim of bogus transactions. - The Tribunal dismissed the Revenue's grounds, affirming that the CIT(A) was justified in deleting the addition. Conclusion: The Tribunal dismissed both appeals filed by the Revenue, upholding the CIT(A)'s decisions. The Tribunal confirmed that the assessee had satisfactorily proved the identity, creditworthiness, and genuineness of the transactions related to share application money and that the addition on account of income from undisclosed sources represented double taxation.
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