2012 (3) TMI 33 - AT - Income Tax

Unexplained Capital Introduced - partner personal cash book or passbook were not furnished - CIT(A) non-production of the partners could not be taken as ground to treat the capital introduced as unexplained source of capital were explained no additions made in the hands of the assessee firm - Held That - Assessee had discharged the primary onus which was on it by offering explanation which has not been found to be incorrect or false in any manner.Decided in favour of assessee. Unsecured loans - break up of the loans copies of acknowledgements of returns filed confirmation letters from some of the creditors/depositors were produced - CIT gave relief of 15, 05, 000 and withheld additions of 3, 00, 000 - Revenue and Assessee both are in appeal - Held That - loan of Rs.1, 50, 000/- in respect of Shri Mathew is hereby confirmed and addition in respect of Rs.50, 000/- from M/s Parth Computerized Weigh Bridge and Rs.1, 00, 000/- from Shri S. K. Gupta are restored back to the file of AO for verification and fresh adjucation. Assessee s second ground is partly allowed for statistical purposes. Unexplained Credits - 21 days time given to furnish evidence - CIT(A) deleted additions of Rs.10, 41, 850 and confirmed Rs.50, 91, 930 - Held That - Assessee submitted that complete names and addresses were given during assessment. No enquiry was made by the AO or evidence of remission of liability brought on record by the AO no adequate opportunity was granted to furnish confirmations. We remand the matter to AO for fresh adjudication after verifying the evidences produced by the assessee before the ld. CIT(A) in support of his claim by the assessee. Bank Interest Claimed - No interest charged to advances given to o Gitaben Kalathia of Rs.3, 40, 303 - Held That - Assessee has tried to make out a case that assessee had substantial interest-free funds for giving interest free advances in respect of which he has filed the details. But these details require verification at the end of the AO the matter is therefore restored back to the file of AO for fresh decision. This ground is allowed for statistical purposes.

Summary

Issues Involved:
1. Addition of Rs.32,37,280/- as unexplained capital introduced in the accounts of the partners.
2. Addition of Rs.18,05,000/- as unexplained unsecured loans.
3. Addition of Rs.4,66,093/- as unexplained cash credit under section 68.
4. Addition of Rs.50,91,930/- as unexplained credits under section 68.
5. Disallowance of Rs.82,515/- as interest expenses under section 36(1)(iii).

Issue-Wise Analysis:

1. Addition of Rs.32,37,280/- as unexplained capital introduced in the accounts of the partners:
The Revenue appealed against the deletion of Rs.32,37,280/- made by the AO as unexplained capital introduced in the partners' accounts. The AO noted that the assessee failed to provide complete details/evidence of deposits by the partners. The CIT(A) deleted the addition, observing that the AO did not summon the partners and the non-production of partners could not be grounds for treating the capital introduced as unexplained. The CIT(A) noted that the sums introduced were from the personal accounts of the partners, and such capital introduction stands explained once claimed by the partners. The Tribunal upheld the CIT(A)'s order, relying on the Jurisdictional High Court's decision in CIT vs. Pankaj Dyestuff Industries, which held that the AO must proceed against the partners if not satisfied with their explanation.

2. Addition of Rs.18,05,000/- as unexplained unsecured loans:
The AO added Rs.18,05,000/- as unexplained unsecured loans due to the absence of bank pass-books and confirmation letters from creditors. The CIT(A) partly confirmed the addition of Rs.3,00,000/- and provided relief of Rs.15,05,000/-. The Tribunal found contradictions in the AO's order and restored the issues relating to Rs.50,000/- from M/s Parth Computerized Weigh Bridge and Rs.1,00,000/- from Shri S. K. Gupta back to the AO for fresh adjudication. The Tribunal confirmed the addition of Rs.1,50,000/- from Shri Mathew due to the absence of details.

3. Addition of Rs.4,66,093/- as unexplained cash credit under section 68:
The AO treated Rs.4,66,093/- as unexplained cash credit due to discrepancies in the confirmation from M/s Panwar Steel. The CIT(A) confirmed the addition, noting the assessee's failure to reconcile the balance. The Tribunal restored the matter to the AO for fresh adjudication, emphasizing the need to confront the assessee with adverse material.

4. Addition of Rs.50,91,930/- as unexplained credits under section 68:
The AO added Rs.61,33,780/- as unexplained credits due to the absence of contra confirmations from creditors. The CIT(A) deleted Rs.10,41,850/- and confirmed Rs.50,91,930/-. The Tribunal restored the matter to the AO for fresh adjudication, noting that the assessee was not provided sufficient opportunity and the additional evidences were not considered by the CIT(A).

5. Disallowance of Rs.82,515/- as interest expenses under section 36(1)(iii):
The AO disallowed Rs.82,515/- as interest expenses, noting that the assessee failed to provide evidence that interest-free advances were given from non-interest-bearing funds. The CIT(A) confirmed the addition. The Tribunal restored the matter to the AO for fresh decision, emphasizing the need to verify the details provided by the assessee regarding the availability of interest-free funds.

Conclusion:
The Tribunal dismissed the Revenue's appeal and partly allowed the assessee's appeal for statistical purposes, restoring several issues back to the AO for fresh adjudication and verification. The Tribunal emphasized the need for proper inquiry and verification of evidence in determining the genuineness of transactions and credits.