2012 (1) TMI 65 - HC - Income Tax

Unexplained cash credit deposit received Revenue contending it to be adjustment entry & lender party to be non existing firm Held that - Tribunal has observed that lender company was having sufficient cash in hand, deposited the same in bank account and issued cheque in favor of assessee. lender company is an income tax assessee. Books of accounts together with Financial statements were produced. All these were taken sufficient by the Tribunal to prove the identity and source of the creditor. No infirmity is found in the order Decided against the Revenue.

Summary

Issues:
Validity of loan genuineness from M/s Vardhman Trading Company; Legality of assessing officer's addition under section 68 of the Income Tax Act; Tribunal's decision to delete the addition.

Analysis:

The appeal in question pertains to the assessment year 1991-92, where the respondent-assessee, an individual, received a deposit of Rs. 1,65,000 from M/s Vardhman Trading Company. The assessing officer, suspecting the genuineness of the transaction, added this amount as income from unexplained cash credit under section 68 of the Act. The assessee's appeal before the Commissioner of Income Tax (Appeals) was unsuccessful, leading to a second appeal before the Tribunal. The Tribunal, however, overturned the addition, prompting the present income tax appeal under section 260-A of the Act.

During the proceedings, it was revealed that M/s Vardhman Trading Company had a cash in hand of Rs. 1,73,519 and had deposited Rs. 1,65,000 on the same day the amount was transferred to the assessee, with corresponding entries made in the books of accounts. The firm's manager, Shri Manoj Jain, presented the books of accounts, which showed substantial transactions with multiple debtors and creditors, along with a bank account and a telephone connection listed in the Telephone Directory of Muzaffarnagar. These details were considered by the Tribunal as sufficient to establish the identity and source of the creditor.

The crux of the matter revolved around the application of section 68 of the Act, which deals with unexplained cash credits. The Tribunal's decision to delete the addition of Rs. 1,65,000 was upheld by the High Court, as it was determined that the Tribunal had correctly applied the principles under section 68. The Court found no legal infirmity in the Tribunal's order, thereby dismissing the appeal.

In conclusion, the High Court affirmed the Tribunal's decision, emphasizing the sufficiency of evidence presented to establish the genuineness of the loan from M/s Vardhman Trading Company. The legal correctness of the Tribunal's ruling in deleting the addition under section 68 was upheld, leading to the dismissal of the appeal.