2024 (12) TMI 1418 - AT - Income Tax

Addition u/s 68 - genuinity, creditworthy and transactions of the loan-creditors are in question and the entire addition was made as per the information from the investigation wing - HELD THAT - We respectfully relied on the orders of the Ambe Tradecorp (P.) Ltd 2022 (7) TMI 902 - GUJARAT HIGH COURT and Sandip Kumar Gupta 2024 (7) TMI 1574 - ITAT KOLKATA which deleted the addition of loan if repaid during the financial year. The same observation is upheld in the case of the CIT vs. S.C.Ghosal 1976 (4) TMI 44 - CALCUTTA HIGH COURT DR had not rebutted any contrary decisions against the submissions of the ld. AR. Loan amount was duly paid during the impugned assessment year. There is no balance for the assessee related to this loan amount. The assessee is not the beneficial owner of the loan during the impugned assessment year. Assessee filed evidence during assessment proceeding which is acknowledged by CIT(A) in the impugned appellate order. So, the contravention of Section 68 related identity, creditworthiness and transaction trough banking channel are ruled out. Interest on the alleged unsecured loan - For rest of the interest was pertained to loan of earlier years and the part of interest of loan where the loan was repaid during the impugned assessment year are also followed the same principle laid down by the orders mentioned above. We do not find any reason to interfere in the impugned appeal order. Decided against revenue.

1. ISSUES PRESENTED and CONSIDERED

The legal judgment primarily revolves around the following core issues:

Whether the deletion of the addition made under Section 68 of the Income-tax Act, 1961, for Rs. 4.80 crore and the interest on the alleged unsecured loan of Rs. 70,50,500/- by the CIT(A) was justified.
Whether the assessee company failed to prove the identity, creditworthiness, and genuineness of the transactions related to the alleged bogus loan.
Whether the documents found during the search operation under Section 132 of the Act indicated that the loan was actually accommodation entries.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Deletion of Addition under Section 68

Relevant legal framework and precedents: Section 68 of the Income-tax Act deals with unexplained cash credits. Precedents such as CIT vs. Precision Finance Pvt. Ltd. and CIT vs. United Commercial and Industrial Co. Pvt. Ltd. were considered.
Court's interpretation and reasoning: The Tribunal relied on the case of PCIT vs. Ambe Tradecorp (P.) Ltd., which emphasized that if the identity, creditworthiness, and genuineness of transactions are established, additions under Section 68 cannot be sustained.
Key evidence and findings: The assessee provided documentary evidence, including ledger accounts, bank statements, and tax returns, which were accepted by the CIT(A). The loans were repaid during the assessment year, negating the possibility of them being unexplained cash credits.
Application of law to facts: The Tribunal found that the loans were genuine business transactions, and the repayment of loans during the financial year further supported their authenticity.
Treatment of competing arguments: The Revenue's reliance on cases supporting their stance was deemed factually distinguishable. The Tribunal noted that the Revenue failed to provide substantial evidence to counter the assessee's claims.
Conclusions: The Tribunal upheld the CIT(A)'s decision to delete the addition under Section 68, finding no infirmity in the order.

Issue 2: Identity, Creditworthiness, and Genuineness of Transactions

Relevant legal framework and precedents: The principles of establishing the identity, creditworthiness, and genuineness of transactions are crucial under Section 68. The Tribunal referenced cases like Durga Prasad More and Sumati Dayal.
Court's interpretation and reasoning: The Tribunal noted that the assessee had provided sufficient evidence to establish these elements, and the Revenue's arguments lacked factual support.
Key evidence and findings: The Tribunal observed that the assessee had complied with all notices and provided necessary documentation, which was not effectively rebutted by the Revenue.
Application of law to facts: The Tribunal applied the legal principles to conclude that the transactions were genuine, supported by the repayment of loans and the documentation provided.
Treatment of competing arguments: The Tribunal found the Revenue's arguments to be presumptive and not backed by concrete evidence.
Conclusions: The Tribunal concluded that the identity, creditworthiness, and genuineness of the transactions were satisfactorily established.

Issue 3: Accommodation Entries

Relevant legal framework and precedents: Section 132 of the Income-tax Act pertains to search and seizure operations. The Tribunal considered the evidence gathered during such operations.
Court's interpretation and reasoning: The Tribunal found that the evidence from the search operation did not conclusively prove that the loans were accommodation entries.
Key evidence and findings: The Tribunal noted that the assessee had repaid the loans and provided documentation supporting the transactions' authenticity.
Application of law to facts: The Tribunal applied the principles from relevant cases to determine that the transactions were not accommodation entries.
Treatment of competing arguments: The Tribunal dismissed the Revenue's arguments as lacking substantiation.
Conclusions: The Tribunal concluded that the loans were not accommodation entries, and the deletion of the addition was justified.

3. SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning: "Once repayment of the loan has been established based on the documentary evidence, the credit entries cannot be looked into isolation after ignoring the debit entries despite the debit entries were carried out in the later years."
Core principles established: The judgment reinforced the necessity of establishing identity, creditworthiness, and genuineness of transactions under Section 68. It also emphasized the significance of repayment in determining the authenticity of loans.
Final determinations on each issue: The Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s order to delete the addition under Section 68 and the interest disallowance. The Tribunal found the transactions to be genuine and adequately supported by evidence.

The appeal of the Revenue in ITA No. 60/KOL/2024 was dismissed, confirming the CIT(A)'s decision.

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