2021 (7) TMI 895 - AT - Income Tax

Un-explained cash credits u/s. 68 - correctness of both the lower authorities' action treating its share application money as unexplained - HELD THAT - In view of the fact that its investor entity prima facie appears as a group company only which had escaped the consideration of learned lower authorities. We therefore restore the instant sole issue back to the AO for his fresh adjudication as per law. The assessee or its authorised representative shall appear before the AO on or before 30-11-2021 and shall file all the necessary details of investor entity at its own risk and responsibility to be followed by three effective opportunities of hearing. - Assessee's appeal is treated as allowed for statistical purposes.

Summary

Issues:
Challenge to the treatment of share application money as unexplained cash credits under section 68 of the Income Tax Act.

Issue Analysis:

1. Treatment of Share Application Money:
The appeal concerns the correctness of treating the assessee's share application money of ?3,79,00,000 as unexplained cash credits under section 68 of the Income Tax Act. The CIT(A) upheld the addition, stating that the appellant failed to provide credible evidence to prove the creditworthiness of the subscriber of the shares. The appellant's attempt to submit confirmation and balance sheets during the appellate proceedings was not accepted due to lack of reasons for non-submission before the Assessing Officer. The CIT(A) agreed with the Assessing Officer that the creditworthiness of the subscriber was not established, leading to the addition being confirmed.

2. Lack of Consideration of Group Entity Status:
The departmental representative supported the lower authorities' decision without disputing the fact that the investor entity, M/s. Regent Business Private Limited, was a group entity of the assessee with common directors and the same address. This crucial aspect was not considered during assessment or in the CIT(A)'s order. The genuineness and creditworthiness of the group concern were not proven by the assessee through necessary details. The authorized representative offered to produce the investor party at the assessee's risk and responsibility if given another opportunity before the Assessing Officer.

3. Restoration of Issue for Fresh Adjudication:
The ITAT found merit in the assessee's contentions, especially regarding the investor entity being a group company that had not been considered by the lower authorities. As a result, the sole issue was remanded back to the Assessing Officer for fresh adjudication in accordance with the law. The assessee or its representative was directed to appear before the Assessing Officer by a specified date and provide all necessary details of the investor entity at their own risk and responsibility, followed by three opportunities for a hearing.

4. Decision and Conclusion:
The ITAT allowed the assessee's appeal for statistical purposes based on the above terms. The order was pronounced in open court on 15th July 2021. The judgment highlights the importance of establishing the creditworthiness and genuineness of transactions involving share application money to avoid additions under section 68 of the Income Tax Act. The case underscores the need for thorough documentation and timely submission of evidence during assessment proceedings to support the legitimacy of financial transactions.