2023 (12) TMI 869 - AT - Income Tax

Addition u/s 68 - assessee has received the amount in dispute as unsecured loan - as per DR assessee has failed to prove through supporting evidences that the amount of Rs. 35 lakhs was towards repayment of loan - HELD THAT - Assessee had advanced an amount to the said entity through cheque on 23.06.2008. The said amount was repaid to the assessee in two tranches respectively. Even the repayments to the assessee were through banking channel. Though, FAA has alleged that interest received on such advance has not suffered TDS and no documentary evidences have been furnished to establish the fact that the interest income was received, however, the materials on record are to the contrary. From the evidences furnished as observed that the assessee has received interest on the advances and after deduction TDS assessee has offered the net interest amount of Rs. 4,12,042/-. Pertinently, though, AO has accepted the amount of Rs. 15 lakhs received by the assessee from the very same entity, strangely enough, he has treated the balance amount of Rs. 35 lakhs as unexplained cash credit. This, in our view is unsustainable. Since, the source of credit in the books of the assessee is well explained; we are of the view that the addition made is unsustainable. Accordingly, we delete the addition - Decided in favour of assessee.

Summary

Issues Involved:
The legal issues involved in the judgment are the validity of assumption of jurisdiction under section 147 of the Income-tax Act, 1961, and the addition made under section 68 of the Act. Additionally, non-adjudication of a ground by the first appellate authority and a general ground are also raised.

Validity of Assumption of Jurisdiction under Section 147:
The appeal by the assessee was against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2009-10. Grounds no. 1 and 2 raised the legal issue concerning the validity of assumption of jurisdiction under section 147 of the Income-tax Act. The Assessing Officer reopened the assessment based on an alleged unsecured loan of Rs. 35 lakhs from M/s. HES Energy Systems Pvt. Ltd., treating it as an accommodation entry. The assessee contended that there was no such loan transaction and provided explanations, but the addition was sustained by the first appellate authority.

Addition Made under Section 68:
The grounds no. 3 and 4 focused on the merits of the addition made under section 68 of the Income-tax Act. The assessee, a resident corporate entity engaged in manufacturing auto parts, had initially filed its return declaring income of Rs. 66,41,450/-. The Assessing Officer treated the alleged unsecured loan of Rs. 35 lakhs as unexplained cash credit under section 68, despite the assessee's explanation that it had actually advanced a loan of Rs. 50 lakhs to M/s. HES Energy Systems Pvt. Ltd., which was returned in two tranches. The interest income received on the loan was offered for tax, but the addition of Rs. 35 lakhs was made. The Tribunal found that the source of credit was well explained, leading to the deletion of the addition.

Non-Adjudication of a Ground and General Ground:
Ground no. 5 raised the issue of non-adjudication of a ground by the first appellate authority, while ground no. 6 was a general ground. The Tribunal did not delve into these grounds as they were considered academic and did not require adjudication.

Conclusion:
The Tribunal, after considering the submissions and evidence, found that the addition of Rs. 35 lakhs under section 68 was unsustainable as the source of credit was well explained by the assessee. The Tribunal allowed grounds no. 3 and 4, partially allowing the appeal. Other grounds were deemed academic and were not adjudicated upon.