2024 (12) TMI 241 - AT - Income Tax

Addition u/s 68 - unexplained cash credit - amount was receivable from sundry debtors - HELD THAT - The money was advanced against the pawning security and the same was realised in the year under consideration. Assessee has already offered the interest arising out of those advances in the year when the advances were given. Even that aspect of the matter has not been disputed before us by either party. Thus, when the assessee has demonstrated that she has given advances against the security in the earlier year that source is not disputed even the interest earned on that is not disputed. Now when these money received back the same cannot be considered as unexplained money within the meaning of section 68. As the money so received in the year under consideration is on account of opening balance of the advances of the earlier year and the same cannot be considered as income of the current year merely on the reasons that the assessee failed to give the complete details of the pawning debtors outstanding as on 31.03.2015. We do not find any single reason to sustain the addition in the hands of the assessee and we direct the ld. AO to delete that addition. Ground No. 1 raised by the assessee is allowed.

Issues Involved:

1. Addition of Rs. 873,500 under Section 68 as unexplained cash credit.
2. Deduction under Chapter VIA (Section 80C) of the Income Tax Act.
3. Treatment of car plying income and related expenses.

Issue-wise Detailed Analysis:

1. Addition under Section 68:

The primary issue in this case revolves around the addition of Rs. 873,500 under Section 68 of the Income Tax Act as unexplained cash credit. The assessee contended that this amount was receivable from sundry debtors as of 31.03.2015 and received in the financial year 2015-16. The Assessing Officer (AO) rejected the assessee's claim due to the lack of documentary evidence, such as debtor confirmations, names, or PAN details. The AO also noted that all transactions were conducted in cash, which could attract penalties under Sections 269SS and 269TT of the IT Act.

Upon appeal, the CIT(A) sustained the addition, emphasizing the absence of proper documentation and the inability to verify the transactions. The CIT(A) noted that the provisions of Section 269SS or 269T do not apply as the loans were received back. However, the lack of detailed addresses and confirmations led to the conclusion that the amount should be treated as unexplained credit.

The Tribunal examined the issue and found that the amount was indeed an opening balance from the previous year, as evidenced by the balance sheet as of 31.03.2015. The Tribunal relied on the precedent set by the Rajasthan High Court in CIT vs. Parmeshwar Bohra, which held that opening balances cannot be taxed as unexplained credits in the current year. Consequently, the Tribunal directed the deletion of the addition, allowing the assessee's appeal on this ground.

2. Deduction under Chapter VIA (Section 80C):

The assessee claimed a deduction of Rs. 82,542 under Chapter VIA, specifically Section 80C. However, the AO allowed only Rs. 40,704, citing a lack of documentary evidence for the remaining amount. The CIT(A) upheld the AO's decision, finding no reason to interfere with the denial of the deduction for Rs. 41,838. The Tribunal did not address this issue further, as it was not a point of contention in the appeal.

3. Treatment of Car Plying Income and Related Expenses:

The assessee reported income from car plying and related expenses. The AO questioned the source of funds for purchasing the car and the corresponding expenses, as the transactions were conducted in cash. The CIT(A) accepted the assessee's disclosure of a profit margin of around 40% from the car plying business, noting that the income was substantial and no adverse view was warranted. The Tribunal did not find any significant issue with the treatment of car plying income and expenses, as the CIT(A) had already addressed the matter satisfactorily.

Conclusion:

The Tribunal allowed the assessee's appeal concerning the addition under Section 68, directing the deletion of Rs. 873,500 as unexplained cash credit. The Tribunal's decision was based on the recognition of the amount as an opening balance from the previous year, following the precedent set by the Rajasthan High Court. The appeal was disposed of with this primary issue resolved in favor of the assessee, and other issues were either not contested or adequately addressed by the CIT(A).

← Previous Next →