2012 (6) TMI 260 - HC - Income Tax

Unexplained cash credits - unexplained cash credits were treated as unaccounted income and assets in the hands of the assessee Held that - in Sandeep Kumar (2007 (4) TMI 59 (HC) ). No substantial question of law arising from the findings of the Tribunal because it is only a case of assessee s failure to establish the cash credits with acceptable evidence about the genuineness, capacity and creditworthiness of the donors and the details and the accounts of donors. Decided against assessee

Summary

Issues:
Addition of unexplained cash credits in the accounts of the assessee.

Analysis:
The judgment by the High Court of Kerala dealt with the issue of unexplained cash credits found in the accounts of the assessee, who was a partner in a jewellery business. During a search at the business premises, it was observed that only a small portion of the sales were accounted for. The audit revealed that unaccounted sales proceeds were introduced in the accounts, while the assessee claimed that the cash credits were gifts from two brothers. However, the assessee failed to establish the creditworthiness, genuineness, and capacity of the donors. Consequently, the unexplained cash credits were treated as unaccounted income and assets in the hands of the assessee. The Tribunal, relying on previous decisions, upheld the assessment against which the appeal was filed.

Upon hearing both sides and reviewing the Tribunal's order, the High Court found that there was no substantial question of law arising from the findings. The Court noted that it was simply a case of the assessee's failure to provide acceptable evidence regarding the genuineness, capacity, and creditworthiness of the donors, as well as details of the donors' accounts. As a result, the Court dismissed the appeal, stating that there was no merit in challenging the assessment based on the lack of evidence provided by the assessee.