2014 (5) TMI 969 - HC - Income Tax

Onus to prove - Discharge of liability of trade debts Held that - It was not disputed by the department that in assessments framed u/s 143(3)/153(C) of the Act for the AY 2003-04 to 2009-10 - the liabilities towards Sundry creditors were made in the subsequent assessment years which was accepted by the revenue - it was agreed by the parties that the present appeal has been rendered infructuous Decided against Revenue.

Summary

Issues:
1. Appeal by revenue under Section 260A of the Income Tax Act, 1961 against ITAT order for assessment year 2002-03.
2. Whether the liability in respect of trade debts aggregating to Rs. 29,66,953/- was discharged by the assessee.
3. Application to place documents on record showing payments made to creditors in subsequent assessment years.

Analysis:

Issue 1:
The appeal was filed by the revenue under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT) for the assessment year 2002-03. The substantial questions of law raised in the appeal included the failure of the Assessing Officer to prove the cessation of liability and the erred finding regarding the remission or cessation of liability concerning trade debts.

Issue 2:
The primary issue in consideration was whether the assessee had discharged the liability concerning trade debts amounting to Rs. 29,66,953/-. The Assessing Officer had made an addition to the income of the assessee under section 41(1) of the Act due to the failure of the assessee to substantiate the genuineness of the existence of creditors. However, the CIT(A) later deleted this addition, which was upheld by the Tribunal.

Issue 3:
The assessee filed an application to place documents on record showing payments made to creditors in subsequent assessment years. The communication from the Assistant Commissioner of Income Tax confirmed that the liabilities towards the sundry creditors were indeed paid in the subsequent assessment years, as verified from the assessment orders for the years 2003-04 to 2009-10. This information rendered the present appeal infructuous, leading to its disposal.

In conclusion, the High Court disposed of the appeal as infructuous based on the agreement between the parties, as the liabilities towards the sundry creditors were established to have been paid in subsequent assessment years, as evidenced by the assessment orders.