2008 (9) TMI 513 - HC - Income Tax

Cash credit - Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the Commissioner of Income-tax (Appeals) in deleting the addition of Rs. 8,33,500 made under section 68 of the Income-tax Act, 1961, as explained cash credits ? Held that- the genuineness of the transactions and the identity of the depositors had been established and nothing had been brought on record to contradict the findings of fact recorded by the Commissioner (Appeals) as noted by the Tribunal. This was a pure question of fact. The deletion of the addition made under section 68 of the Act, was justified.

Summary

Issues:
- Whether the Appellate Tribunal was right in confirming the deletion of addition made under section 68 of the Income-tax Act.

Analysis:
1. The appellant-Revenue questioned the correctness of the Appellate Tribunal's decision to confirm the deletion of an addition of Rs. 8,33,500 made under section 68 of the Income-tax Act, 1961. The Assessing Officer initially added this amount, but the Commissioner (Appeals) later deleted it.

2. The learned standing counsel for the appellant reiterated the reasons behind the Assessing Officer's decision to add Rs. 8,33,500. The Assessing Officer treated cash credits from 9 depositors as not genuine, leading to the addition under section 68 of the Act.

3. The Tribunal reviewed the case and found that the assessee had provided evidence to support the genuineness of the transactions. This evidence included affidavits of depositors, bank statements, and proof of transactions through banking channels. The Commissioner (Appeals) observed that the Assessing Officer did not contradict the amount paid by the depositors, which were genuinely transferred from bank accounts to the assessee.

4. The Tribunal noted that the Assessing Officer had accepted the genuineness of the persons involved and the transactions conducted through banking channels. Despite some creditors residing in America not appearing before the Assessing Officer, their affidavits were filed. The Commissioner (Appeals) concluded that the parties were genuine, creditworthiness was proven, and transactions were conducted through legitimate channels.

5. The Tribunal found no reason to interfere with the Commissioner (Appeals) order, as the genuineness of transactions and the identity of the depositors were established. The Tribunal emphasized that no evidence was presented to contradict the findings of fact recorded by the Commissioner (Appeals).

6. The High Court dismissed the appeal, stating that the issue primarily revolved around facts and evidence appreciation. Since no substantial question of law arose from the Tribunal's order, the appeal was rejected.