2013 (5) TMI 608 - AT - Income Tax

Unaccounted loan transactions of Rs.2,00,000/- - Held that - The assessee explained that there is clerical mistake whereas the fact is that the loan was given on 02.12.2005 through banking channel. This fact is supported by an affidavit of depositor and her bank account. On perusal of bank account, the assessee has proved the creditworthiness of depositor as there was sufficient bank balance out of which the loan was given. The identity and genuineness of the transactions are also proved. Thus, the assessee discharged the burden in this regard. Under the circumstances, addition of Rs.2,00,000/- is not warranted. Therefore, the same is deleted. In favour of assessee. Unsecured loan of Rs.5,09,000/- - CIT(A) deleted the part amount - Held that - As the assessee has furnished sufficient material to discharge burden in this regard, identity, creditworthiness and genuineness of the transactions including bank balances out of which loans were given. Under the circumstances, the addition of Rs.5,09,000/- sustained by the CIT(A) is not warranted, therefore, the same is deleted. In favour of assessee.

Summary

Issues:
1. Disallowance of stamp paper expenditure
2. Addition under section 68 in the name of a creditor
3. Addition on account of unsecured loans

Issue 1: Disallowance of Stamp Paper Expenditure
- The appeal was filed against an order disallowing stamp paper expenditure of Rs.10,119 without proper explanation.
- The Assessing Officer (A.O.) and CIT(A) disallowed the expenditure as it was debited in the interest account without sufficient details.
- The CIT(A) noted that the expenditure was not allowable against the declared income sources.
- The tribunal found the explanation unsatisfactory and upheld the CIT(A)'s decision due to lack of proper justification for the expenditure.

Issue 2: Addition under Section 68 in the Name of a Creditor
- The A.O. made an addition of Rs.2,00,000 under section 68 based on discrepancies in the creditor's confirmation and balance sheet.
- The CIT(A) upheld the addition due to varying explanations and failure to verify the creditor.
- The tribunal, after reviewing bank statements and affidavits, found the loan transaction genuine and the creditor's creditworthiness established, leading to the deletion of the addition.

Issue 3: Addition on Account of Unsecured Loans
- The A.O. noticed unsecured loans and made additions totaling Rs.6,87,096.
- The CIT(A) sustained part of the additions, including Rs.5,09,000.
- The tribunal examined various documents proving the identity, creditworthiness, and genuineness of the loan transactions.
- The tribunal found the material presented sufficient to discharge the burden of proof, leading to the deletion of the Rs.5,09,000 addition.

In conclusion, the tribunal partly allowed the appeal, deleting the additions related to the creditor and unsecured loans based on the satisfactory evidence provided by the assessee.