2025 (1) TMI 501 - AT - Income Tax

Addition u/s 68 - unexplained unsecured loan - Assessee submitted that it was the amount of SD (Security Deposit) of sub/petty contractors - case was selected for limited scrutiny - HELD THAT - As evident from a perusal of the balance-sheet of the assessee that the issue of security deposit from sub/petty contractors, which figure as secured loans within Schedule B of the assessee s balance-sheet was not a subject matter selected for limited scrutiny under the CASS parameters. Therefore, as per the CBDT guidelines, if the AO was to enquire into the same, he was required to obtain permission from the concerned PCIT in writing before making investigations / additions in the matter. There is no indication in the assessment order that this has been done instead the ld. AO has expanded the scope of limited scrutiny by expression of an opinion that the security deposits by the petty / sub-contractors amount to unsecured loans and therefore, could be investigated within the parameters selected under the CASS. As this is clearly outside the jurisdiction of the ld. AO, the addition made by him in this regard is unsustainable on this count. Also amounts that were collected from these petty/sub-contractors were against project that were executed by them on behalf of the assessee and the fact remains that the assessee has made payments to the sub-contractors against execution of such contracts which is proved by the deduction of tax at source against such payments. Therefore, there does not appear to be any reason to doubt the receipt of this security money, which has subsequently been deposited with the Government Departments. As unsecured loans as referred to in Schedule C of the assessee s balance-sheet pertained to altogether different parties and the ld. AO has already satisfied himself that these were on account of opening balances, not calling for any action in this assessment - Unsecured loan in Schedule F pertain to different amounts which do not seem to be the subject matter of the additions. Therefore, on the basis of the aforesaid facts, we hold that the addition made by the AO of security deposits from sub/petty contractors is unsustainable - Decided in favour of assessee.

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment are:

Whether the Commissioner of Income Tax (Appeals) [CIT(A)] erred in deleting the addition of Rs. 2,25,00,519/- made under Section 68 of the Income Tax Act, 1961, on account of unexplained unsecured loans.
Whether the CIT(A) erred in accepting the assessee's submission regarding the nature of the loans as secured deposits from sub-contractors, despite the lack of corroborative evidence and discrepancies noted by the Assessing Officer (AO).
Whether the AO was justified in making the addition under Section 68 based on the non-verification of the creditors and the classification of the loans as unsecured in the tax returns.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Nature of the Loan - Secured vs. Unsecured

Relevant legal framework and precedents: Section 68 of the Income Tax Act, 1961, allows for the addition of unexplained cash credits to the income of the assessee. The assessee is required to prove the identity, creditworthiness, and genuineness of the transactions to avoid such additions.
Court's interpretation and reasoning: The Tribunal noted that the assessee classified the amount as secured deposits from petty contractors in Schedule B of the balance sheet, contrary to the AO's classification as unsecured loans. The Tribunal emphasized the importance of the classification in the balance sheet and the supporting affidavits and agreements provided by the assessee.
Key evidence and findings: The assessee provided affidavits from the contractors, agreements, and evidence of tax deducted at source (TDS) on payments made to these contractors. The CIT(A) accepted these as sufficient evidence to classify the amount as secured deposits.
Application of law to facts: The Tribunal applied Section 68, concluding that the AO's addition was unjustified as the assessee had adequately demonstrated the nature of the deposits with supporting documentation.
Treatment of competing arguments: The Tribunal considered the AO's argument that the loans were unsecured and unexplained due to non-compliance by creditors and discrepancies in their returns. However, it sided with the CIT(A) and the assessee, noting the procedural lapses in expanding the scope of limited scrutiny.
Conclusions: The Tribunal upheld the CIT(A)'s decision to delete the addition, affirming that the deposits were secured and adequately explained.

Issue 2: Procedural Validity of AO's Actions

Relevant legal framework and precedents: The Central Board of Direct Taxes (CBDT) guidelines on limited scrutiny cases require the AO to seek permission from the Principal Commissioner of Income Tax (PCIT) to expand the scope of scrutiny.
Court's interpretation and reasoning: The Tribunal found that the AO expanded the scope of scrutiny without obtaining the necessary permission, which was a procedural error.
Key evidence and findings: The AO's order lacked any indication of having sought or obtained permission to investigate beyond the parameters of limited scrutiny.
Application of law to facts: The Tribunal noted that the AO's actions were beyond jurisdiction, rendering the addition unsustainable.
Treatment of competing arguments: The Tribunal dismissed the AO's rationale for expanding scrutiny, emphasizing adherence to procedural requirements.
Conclusions: The Tribunal ruled that the AO's procedural lapse invalidated the addition, supporting the CIT(A)'s decision.

3. SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning: "The addition made by the ld. AO of security deposits from sub/petty contractors is unsustainable, and we accordingly delete the same."
Core principles established: The Tribunal reinforced the principle that procedural adherence is crucial in tax assessments, particularly in limited scrutiny cases. It also emphasized the importance of substantiating the nature of financial transactions with adequate documentation.
Final determinations on each issue: The Tribunal concluded that the CIT(A) was correct in deleting the addition, as the assessee had sufficiently demonstrated the secured nature of the deposits and the AO had overstepped procedural boundaries.

In conclusion, the Tribunal dismissed the Revenue's appeal, affirming the CIT(A)'s decision to delete the addition of Rs. 2,25,00,519/-, as the procedural and substantive grounds for the addition were not met by the AO.

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