2022 (8) TMI 577 - AT - Income Tax

Unexplained money u/s 69A - assessee offered no explanation about the nature and sources of the acquisition of money deposited into bank accounts - AO held that the tax liability of the assessee has to be computed as per the provisions of section 115BBE of the Act as the addition is made under section 69A - HELD THAT - Sec.69A of the Act can be invoked only when the assessee is found to be owner of money, bullion, jewellery or other valuable article or thing is not recorded in the books of accounts maintained by him for any source of income and the assessee offers no explanation or the explanation offered is not satisfactory. When the entries are found recorded in the books of accounts, the aforesaid provisions cannot be invoked at all. The source of income of the assessee is salary from the partnership firm Siddivinayak Ventures and income from other sources . A credit entry in the bank pass book regarding receipt of money into that account cannot be the basis to hold that the assessee is found to be owner of any money, bullion, jewellery or other valuable article or thing and therefore the first condition for invoking the provisions of Sec.69A of the Act, does not stand satisfied. Conditions for invoking the provisions of Sec.69A of the Act, are not satisfied in the present case - all the cerdits have been staisfactorily expalined by assessee - affidavits has been filed giving all details like address and PAN confirming that parties had paid through banking channels.

Issues Involved:
1. Applicability of Section 69A of the Income Tax Act, 1961.
2. Validity of additions made by the Assessing Officer (AO) regarding unexplained money.
3. Treatment of capital contribution to the partnership firm.
4. Computation of tax liability under Section 115BBE of the Act.
5. Evaluation of evidence and explanations provided by the assessee.

Detailed Analysis:

1. Applicability of Section 69A of the Income Tax Act, 1961:
The AO invoked Section 69A of the Act, which pertains to unexplained money, bullion, jewellery, or other valuable articles found to be owned by the assessee but not recorded in the books of accounts. The assessee contended that the entries in the bank passbook should be regarded as recorded in the books of accounts, thus Section 69A should not apply. The Tribunal agreed, stating that if entries are found recorded in the books of accounts, the provisions of Section 69A cannot be invoked.

2. Validity of Additions Made by the AO Regarding Unexplained Money:
The AO identified cash deposits and other credits totaling Rs. 14,16,470/- in the assessee's bank accounts but noted that the assessee only declared an income of Rs. 5,60,000/-. Consequently, the AO added the differential amount of Rs. 8,56,470/- as unexplained money under Section 69A. The Tribunal examined each credit entry in detail and found several explanations satisfactory based on affidavits and confirmations provided by the assessee.

3. Treatment of Capital Contribution to the Partnership Firm:
The AO also noted a capital contribution of Rs. 10 lakhs to the partnership firm "Siddivinayaka Ventures," of which Rs. 5 lakhs was unexplained. The Tribunal accepted the explanation that Rs. 5 lakhs was contributed by Mr. Raghu Shetty on behalf of the assessee, supported by banking channel transactions and an affidavit.

4. Computation of Tax Liability under Section 115BBE of the Act:
The AO computed the tax liability under Section 115BBE due to the addition made under Section 69A. However, the Tribunal's findings on the applicability of Section 69A and the satisfactory explanations for most credit entries impacted the final tax liability computation.

5. Evaluation of Evidence and Explanations Provided by the Assessee:
The Tribunal evaluated the evidence and explanations provided by the assessee for each credit entry:
- Mr. Ashok: Rs. 12,000/- was satisfactorily explained through an affidavit and banking channel details.
- Lingfin (Bangalore) Pvt. Ltd.: Rs. 5,90,500/- was satisfactorily explained as a loan for purchasing a vehicle, supported by banking transactions.
- Mr. Raghu Shetty: Rs. 5 lakhs was satisfactorily explained as an unsecured loan paid through banking channels.
- Mr. Venka Reddy: Rs. 1,49,838/- was satisfactorily explained through an affidavit and banking transactions.
- Mr. Ashwin: Rs. 18,000/- was satisfactorily explained through an affidavit and banking transactions.
- Mr. M. Krishna Mohan Reddy: Rs. 41,000/- was satisfactorily explained through an affidavit and banking transactions.
- Smt. Ankitha: Rs. 17,000/- was satisfactorily explained through an affidavit and banking transactions.
- Remaining Sum of Rs. 28,132/-: Partially explained as interest on the savings bank account, with the remaining Rs. 11,132/- remitted back to the AO for verification.

Conclusion:
The Tribunal partly allowed the appeal, accepting most of the assessee's explanations and remitting a minor part for further verification. The decision emphasized the importance of proper documentation and banking channel transactions in substantiating credit entries.

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