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2013 (8) TMI 362 - AT - Income TaxUnexplained credit u/s 68 - Share application Money - CIT deleted addition partially - Held that - Company concerned cannot be expected to know every detail pertaining to the identity as well as financial worth of each of its subscribers - Assessee company made available relevant material before the A.O. and the A.O. has failed to unearth any wrong or illegal dealings - Once it is established that the amount has been invested by a particular person, be it a partner or an individual, then the responsibility of the assessee is over. Assessee has failed miserably to prove with any supporting documentary evidence in its support for rest deletion - The assessee has furnished only share application money through cheques - Assessee has failed to discharge the burden in respect of Section 68 - Partial addition made by CIT confirmed - Following decisions of CIT Vs. Divine Leading & Finance Ltd. 2006 (11) TMI 121 - DELHI HIGH COURT , Hindustan Tea Trading Co. Vs. CIT 2003 (3) TMI 53 - CALCUTTA High Court , CIT Vs. Metachem Industries 1999 (9) TMI 21 - MADHYA PRADESH High Court and CIT Vs. Lovely Exports P. Ltd. 2008 (1) TMI 575 - SUPREME COURT OF INDIA - Decided partly in favour of assessee.
Issues Involved:
1. Addition on account of share application money under Section 68 of the Income Tax Act. 2. Disallowance of 10% of certain expenses on an ad hoc basis. Issue-wise Detailed Analysis: 1. Addition on account of share application money under Section 68 of the Income Tax Act: The assessee, a Public Ltd. Company, filed returns declaring an income of Rs. 2,24,28,820/-. During assessment, the A.O. noticed that the assessee had allotted 88,819 shares valued at Rs. 88,81,900/- to various persons. The A.O. added this amount as unexplained credit under Section 68 due to the assessee's failure to prove the capacity and genuineness of the transactions. The CIT(A) confirmed the addition of Rs. 30,52,700/- and deleted Rs. 58,29,200/- (Rs. 56,79,200/- + Rs. 1,50,000/-). The deletion of Rs. 1,50,000/- was because this amount pertained to the previous year and was pending allotment as on 31.03.2007, thus not applicable under Section 68 for the current year. For the remaining Rs. 56,79,200/-, the CIT(A) found that the assessee had provided PAN, income tax returns, share application forms, and share certificates. The CIT(A) relied on judgments from the Hon'ble Delhi High Court (CIT Vs. Divine Leading & Finance Ltd., 299 ITR 268) and the Hon'ble M.P. High Court (CIT Vs. Metachem Industries, 245 ITR 160) which stated that once the identity and other details are provided, the onus shifts from the assessee. The CIT(A) noted that the A.O. did not further investigate the provided details. Thus, the deletion of Rs. 56,79,200/- was confirmed. However, for the Rs. 30,52,700/- confirmed by the CIT(A), it was noted that the assessee failed to provide necessary documents such as PAN, bank statements, or IT returns for certain shareholders. The CIT(A) emphasized that mere filing of PAN is insufficient to discharge the burden under Section 68. Thus, the addition of Rs. 30,52,700/- was upheld. 2. Disallowance of 10% of certain expenses on an ad hoc basis: The A.O. disallowed Rs. 3,00,000/- out of various expenses like guest welcome, miscellaneous, repair and maintenance, and traveling and conveyance due to lack of verification. The CIT(A) reduced this disallowance to Rs. 2,40,880/- (10% of the claimed expenses) citing the assessee's own admission regarding non-maintenance of proper vouchers. The CIT(A) referred to the Hon'ble ITAT, Indore's decision in Protein Product, Indore Vs. ITO (1993) 21 ITC 256, which held that disallowances based on general observations without specific defects are not sustainable. However, considering the nature and turnover of the assessee and the maintainability of vouchers, the CIT(A) found a 10% disallowance reasonable. This decision was confirmed as the assessee failed to provide contrary evidence. Conclusion: Both the assessee's and Revenue's appeals were dismissed. The CIT(A)'s order was confirmed, with the deletion of Rs. 58,29,200/- on account of share application money and the confirmation of Rs. 30,52,700/- under Section 68, along with the 10% disallowance of certain expenses amounting to Rs. 2,40,880/-.
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