2012 (11) TMI 984 - HC - Income Tax

Addition u/s. 68 of the Act huge capital was introduced by two partners of the firm and as source of capital was not found satisfactorily explained - Held that - no addition u/s. 68 of the Act can be made in case where the partner introduces capital in firm and he is assessed to tax separately. - Fund in such event had only to be taxed in the individual case of the partner concerned and not in the case of firm - when the partner who invested the fund since is already assessed to tax separately, in the case of the firm there would not be any necessity for explanation of the fund In favor of assessee

Summary

Issues:
1. Whether addition can be made under section 68 of the Income Tax Act in case a partner introduces capital in a firm.
2. Whether the deletion of the addition made under section 68 of the Act of Rs.15,64,500/- was justified.
3. Whether the deletion of the addition of Rs.45,491/- made on account of disallowance of interest paid to partners was justified.

Analysis:
1. The appellant-Revenue challenged the order of the Income Tax Appellate Tribunal, Ahmedabad, where the Assessing Officer added Rs. 15,64,500/- as unexplained capital introduced by two partners in the assessee firm. The Tribunal, following a previous decision, held that no addition under section 68 of the Act can be made if a partner introduces capital in the firm and is assessed to tax separately. The Tribunal dismissed the appeal of the Revenue based on this reasoning. The Court noted that the interest of the Revenue is safeguarded as the assessing authority has the liberty to consider such credits in the hands of the partners if not satisfied with the source of investment. Since the Tribunal correctly applied the law to the facts of the case, no interference was required.

2. The Court further emphasized that when a partner who invested the fund is assessed to tax separately, there is no necessity for explanation of the fund in the case of the firm. The Court found no contrary evidence presented by the Revenue to challenge the Tribunal's decision. Therefore, the issues related to the addition of Rs. 15,64,500/- did not require further consideration, and the appeal on these grounds was dismissed.

3. Regarding the deletion of the addition of Rs. 45,491/- made on account of disallowance of interest paid to partners, the Court found it to be consequential in nature. Since the Tribunal's decision on this matter was not challenged with any new evidence or arguments by the Revenue, the Court saw no reason to interfere with the deletion made by the Tribunal. As the appeal did not propose any other questions of law for determination, it was dismissed with no order as to costs.