2011 (1) TMI 1402 - AT - Income Tax

Summary

Issues involved:
Two cross appeals filed by the assessee and the Revenue against the order of ld. CIT(A) dated 8.5.2008 for Asst. Year 2005-06.

Assessee's Appeal - Share Capital Introduced by Partner:
The assessee contested the addition of Rs. 9,62,333 made by the Assessing Officer u/s 68 of the IT Act out of fresh capital introduced at Rs. 14,62,333 by a partner. The ld. CIT(A) upheld the addition, stating that the details furnished were additional evidence and could not be considered. The appellant argued that the partner's identity and tax assessment details were known to the AO, and the capital introduced should be considered explained. The Tribunal held that if the partner admitted to introducing the capital, the firm had discharged its onus, citing relevant case laws. Consequently, the addition u/s 68 was directed to be deleted in favor of the assessee.

Revenue's Appeal - Deduction u/s 80IB:
The Revenue challenged the allowance of deduction u/s 80IB on disallowance of Rs. 7,25,031 made u/s 40a(ia) of the IT Act. The issue revolved around whether the disallowance under section 40a(ia) could be treated as business profit for the purpose of deduction under section 80IB. The ld. CIT(A) allowed the claim of the assessee as business income. The Tribunal upheld this decision, citing a previous case where it was held that such additions fall under the head of business income and not income from other sources. Therefore, the Revenue's appeal was dismissed.

Conclusion:
The Tribunal allowed the assessee's appeal regarding the share capital introduced by the partner and dismissed the Revenue's appeal concerning the deduction u/s 80IB. The decision was based on the principle that if partners admit to contributing capital, any unexplained amounts should be dealt with in the partners' hands, not the firm's. The Tribunal's order was pronounced on 21.1.11.