2022 (8) TMI 1286 - AT - Income Tax

Addition u/s 68 - unexplained cash credit - HELD THAT - No addition is called for in the instant facts for the reasons that firstly, the assessee had furnished details of the lenders (name, address, PAN number, confirmation, proof that all transactions were carried through banking channels etc.) and the correctness of details so furnished have not been disputed by the Department. Secondly, the assessee has placed on record supporting documents to prove that the amount has been repaid back to the lender in the subsequent year through banking channels, which as observed earlier gives a strong support as to the genuineness of the transaction/ parties. Thirdly, the Department is solely relying upon the statement of Shri Praveen Kumar Jain without brining anything further on record to show that the details / information furnished by the assessee is incorrect/ inaccurate. Fourthly, we also observe that in similar set of facts, the Tribunal on various occasions has granted relief to the assessee in respect of loans taken from M/s Hema Trading Company (now M/s Nakshatra Business Private Limited) and deleted the additions on the ground that the assessee furnished all possible documents evidencing that the loans are not bogus and additions cannot be made by the Department by only placing reliance on the statement of Shri Pravin Kumar Jain without having brought anything to disbelieve and disprove various documents filed by the assessee. We are of the considered view that the CIT(Appeals) erred in facts and in law in confirming the additions of Rs. 50 lakhs in respect of loan taken from M/s Hema Trading Company. Appeal of the assessee is allowed.

Issues Involved:
1. Addition of unexplained cash credit under Section 68 of the Income Tax Act.
2. Validity of reassessment proceedings under Section 147 of the Income Tax Act.
3. Treatment of genuine loan transactions as accommodation entries without cross-examination.
4. Consideration of repayment of loan via banking transactions.
5. Relevance of previous judicial decisions to the facts of the case.
6. Levy of interest under Sections 234A, 234B, 234C, and 234D of the Income Tax Act.
7. Initiation of penalty proceedings under Section 271(1)(c) of the Income Tax Act.

Detailed Analysis:

1. Addition of Unexplained Cash Credit:
The assessee contested the addition of Rs. 50 lakhs as unexplained cash credit under Section 68 of the Income Tax Act. The Department had information from a search on the Praveen Kumar Jain Group, which indicated that the assessee received accommodation entries. The CIT(A) confirmed the addition of Rs. 50 lakhs, citing that the assessee received a loan from M/s Nakshatra Business Pvt. Ltd., a shell company operated by Praveen Kumar Jain. The Tribunal, however, found that the assessee had provided sufficient evidence, including banking transactions and repayment of the loan, to substantiate the genuineness of the loan.

2. Validity of Reassessment Proceedings:
The assessee argued that the reassessment proceedings lacked a valid 'reason to believe' as required under Section 147 of the Income Tax Act. The Tribunal did not specifically address this issue in the judgment, focusing instead on the merits of the addition under Section 68.

3. Treatment of Genuine Loan Transactions:
The assessee claimed that the loan transaction was genuine and supported by documentary evidence, including bank statements and confirmations from the lender. The Tribunal noted that the Department relied solely on the statement of Praveen Kumar Jain without providing the assessee an opportunity for cross-examination. The Tribunal emphasized that the assessee had discharged the onus of proving the genuineness of the transaction.

4. Consideration of Repayment of Loan:
The Tribunal highlighted that the repayment of the loan through banking channels in the subsequent financial year lent support to the genuineness of the transaction. The Tribunal referenced previous decisions where repayment of loans was considered a strong mitigating circumstance in favor of the assessee.

5. Relevance of Previous Judicial Decisions:
The assessee cited several judicial decisions where similar transactions with the Praveen Kumar Jain Group were held to be genuine. The Tribunal acknowledged these precedents and noted that in similar cases, additions were deleted based on the evidence provided by the assessee.

6. Levy of Interest:
The assessee challenged the levy of interest under Sections 234A, 234B, 234C, and 234D of the Income Tax Act. The Tribunal did not specifically address this issue in the judgment.

7. Initiation of Penalty Proceedings:
The assessee also contested the initiation of penalty proceedings under Section 271(1)(c) of the Income Tax Act. The Tribunal did not specifically address this issue in the judgment.

Conclusion:
The Tribunal concluded that the assessee had sufficiently discharged the onus of proving the genuineness of the loan transaction. The Tribunal found that the Department's reliance on the statement of Praveen Kumar Jain without further evidence was insufficient to justify the addition. Consequently, the Tribunal allowed the appeal of the assessee and deleted the addition of Rs. 50 lakhs. The judgment emphasized the importance of considering the repayment of loans and the need for the Department to provide concrete evidence when making additions based on accommodation entries.

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