2012 (11) TMI 15 - AT - Income Tax

Unexplained Cash Credit Held that - In respect of fresh capital introduced by the partners, no addition can be made in the hands of the firm although the Revenue is at liberty to consider the said investment in the hands of the partners if he is not able to satisfy the source of investment - addition can be made in the hands of partners only - Appeal of assessee is allowed.

Summary

Issues:
1. Addition made by the Assessing Officer under section 68 of the Income Tax Act.
2. Interpretation of the judgment of Hon'ble Gujarat High Court in the case of CIT vs. Pankaj Dyestuff Industries regarding fresh capital introduced by a partner of the assessee firm.

Analysis:
Issue 1:
The appeal before the Appellate Tribunal ITAT, Ahmedabad was directed against the order of the ld. CIT(A)-II, Ahmedabad for the assessment year 2008-09. The grounds raised by the assessee challenged the addition made by the Assessing Officer under section 68 of the Income Tax Act. The contention was that the ld. CIT(A) erred in law by confirming the addition made as cash credit under section 68 of the Act. The Tribunal considered the submissions and the judgment of the Hon'ble Gujarat High Court in a similar case.

Issue 2:
The assessee's representative referred to the judgment of the Hon'ble Gujarat High Court in the case of CIT vs. Pankaj Dyestuff Industries. The judgment stated that in cases of fresh capital introduced by a partner of the assessee firm, no addition can be made in the hands of the firm. However, the Assessing Officer has the authority to examine the source of investment in the hands of the partner, and if the partner fails to explain the source of investment, the addition can be made in the hands of the partner. The Tribunal, following the precedent set by the Hon'ble Gujarat High Court, ruled in favor of the assessee and deleted the addition made by the Assessing Officer in the present case. The Tribunal clarified that the Assessing Officer could proceed to make the addition in the hands of the partner if the source of investment remained unexplained.

In conclusion, the Tribunal allowed the appeal of the assessee based on the interpretation of the judgment of the Hon'ble Gujarat High Court regarding the treatment of fresh capital introduced by a partner of the assessee firm under section 68 of the Income Tax Act.