2010 (10) TMI 64 - HC - Income Tax

Unexplained cash credit - appellant company has provided details of the IT Return filed, PAN, copy of balance sheet and details filed with Registrar of Companies to substantiate that the amount of share application money received from the said companies was genuine - Held that - share application money cannot be regarded as undisclosed income of assessee under Section 68 of Act, 1961 - appeal is dismissed

Summary

Issues:
Challenge to order under Section 260A of Income Tax Act, 1961 for assessment year 2001-2002. Addition made on account of unexplained cash credit and commission paid by the assessee to entry operator.

Analysis:
The appeal challenged the Income Tax Appellate Tribunal's order regarding the addition made on unexplained cash credit and commission paid by the assessee. The Tribunal had deleted these additions, leading to the appeal. The Revenue contended that the Tribunal erred in law by deleting these additions. However, it was found that the Commissioner of Income Tax (Appeals) and the Tribunal had deleted the additions based on the grounds that the identity of the shareholders was not in doubt. The CIT(A) had noted that the appellant had provided substantial evidence to establish the genuineness of the transactions, including details of IT returns, PAN, balance sheets, and filings with the Registrar of Companies. The Tribunal, in dismissing the appeal, emphasized that furnishing PAN, assessment particulars, and confirmations by the share applicants were sufficient to establish their identity, as per legal precedents such as Lovely Exports Pvt. Ltd. The Tribunal's decision was in line with the Supreme Court's ruling in Lovely Exports Pvt. Ltd., which clarified that share application money cannot be treated as undisclosed income unless adverse evidence is present. The Tribunal held that the appellant had adequately proven the genuineness of the transactions.

The Tribunal further emphasized that the addition on account of commission was rightly deleted since the principal amount was already deleted. The approach taken by the Commissioner and ITAT was deemed consistent with the Supreme Court's decision in Commissioner of Income Tax Vs. Lovely Exports (P) Ltd. The Tribunal concluded that the share application money could not be considered undisclosed income under Section 68 of the Income Tax Act, 1961. As the principal addition was deleted, the deletion of commission paid was also upheld. Consequently, the appeal was dismissed, affirming the decisions of the lower authorities in deleting the additions made on unexplained cash credit and commission paid by the assessee.