2022 (2) TMI 281 - AT - Income Tax

Unexplained cash credit u/s. 68 - disallowance of brokerage expenses and interest expenses paid for raising the aforesaid deposits - assessee submits that assessee is an accommodation entry provider - HELD THAT - Co-ordinate bench of this Tribunal in assessee's own case 2017 (2) TMI 1419 - ITAT AHMEDABAD , wherein the co-ordinate Bench has allowed the addition @ 3% of the accommodation entry, as the income for the assessee. During the current year, the assessee is also carrying the same activity, therefore his case is squarely covered by the order of this co-ordinate bench (supra) We note that assessee has been carrying on same business and engaged in the same business activity. Therefore we are of the view that assessee's matter is squarely covered by the order of this Co-ordinate Bench of the Tribunal (supra) for AY 1995-96, wherein the issue in question has been decided on merits by treating assessee as an accommodation entry provider. We see no reason to take any other view of the matter than the view so taken by the Co-ordinate Bench of this Tribunal in assessee's own case - Thus we direct the Assessing Officer to treat @ 3% of accommodation entry, as the income of assessee.

Summary

Issues:
1. Addition of deposits treated as unexplained cash credit under section 68 of the Income Tax Act.
2. Disallowance of interest expenses paid in respect of the deposits.
3. Disallowance of brokerage expenses paid for raising the deposits.
4. Levy of interest under section 234B of the Act.

Analysis:

Issue 1: Addition of deposits as unexplained cash credit
The appeal contested the addition of deposits totaling ?47,15,000 as unexplained cash credit under section 68 of the Income Tax Act. The appellant argued that they were an accommodation entry provider, citing a previous case where a similar addition was allowed at 3% of the entry as income. The Revenue contended that the depositors differed from the previous case, and as they were not produced before the Assessing Officer, the appellant could not rely on the previous judgment. The Tribunal found that the appellant was engaged in the same business activity, and thus, the matter was covered by the previous judgment. The Tribunal upheld the appellant's contention and directed the Assessing Officer to treat 3% of the accommodation entry as the appellant's income.

Issue 2: Disallowance of interest expenses
The appellant challenged the disallowance of interest expenses amounting to ?1,00,000 paid in relation to the deposits. The Tribunal noted the appellant's role as an accommodation entry provider and the nature of the transactions involving deposits and commissions. Considering the peculiar facts of the case, the Tribunal directed the Assessing Officer to treat 3% of the accommodation entry as the appellant's income, which implicitly included the interest expenses.

Issue 3: Disallowance of brokerage expenses
Regarding the disallowance of brokerage expenses of ?1,33,000 paid for raising the deposits, the Tribunal's decision on treating 3% of the accommodation entry as the appellant's income encompassed the brokerage expenses as part of the overall income determination. Therefore, the disallowance of brokerage expenses was effectively addressed in the Tribunal's ruling on the primary issue of treating a percentage of the accommodation entry as income.

Issue 4: Levy of interest under section 234B
The appellant contested the levy of interest under section 234B of the Act. However, the Tribunal's decision to treat 3% of the accommodation entry as the appellant's income covered the overall tax liability calculation, which would include any interest payable under section 234B. As the Tribunal allowed the appeal and directed the Assessing Officer to treat a specific percentage of the entry as income, the issue of interest levy was implicitly resolved in favor of the appellant.

In conclusion, the Tribunal's judgment favored the appellant on all grounds, directing the Assessing Officer to treat a percentage of the accommodation entry as income, thereby addressing the issues of deposits, interest expenses, brokerage expenses, and interest levy under section 234B of the Income Tax Act.