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2014 (6) TMI 603 - AT - Income TaxDeletion made u/s 68 of the Act receipt of security deposits from 38 persons - Unverified depositors Held that - AO in the assessment order observed that out of the 38 persons only confirmations of 19 persons involving amount of Rs 24, 44, 050/- could be furnished by the assessee - CIT(A) was of the view that out of Rs 71, 14, 300/- Rs 68, 97, 100/- was received by the assessee through banking channels and the same was supported by the bank statement of the payee. The identity of the payee was also established by furnishing copy of PAN Card Voter ID Card etc. Therefore on being satisfied that the deposits of Rs 68, 97, 100/- were genuine the CIT(A) deleted the addition to the extent of Rs 68, 97, 100 - In respect of balance amount of Rs 2, 13, 200/- the CIT(A) observed that the assessee could not furnish confirmation from the parties from whom deposits were received and therefore confirmed the addition to the extent of Rs 2, 14, 200 revenue could not point out any specific error in the finding of the CIT(A) also revenue could not point out any case where the identity or genuineness of the transaction was not established by the assessee and the addition was deleted by the CIT(A) revenue could not bring any material on record to show that any of the deposits out of Rs 68, 97, 100/- was not genuine thus there was no reason to interfere with the order of the CIT(A) Decided against Revenue.
Issues Involved:
1. Deletion of addition of Rs 68,97,100/- made by the Assessing Officer under Section 68 of the Income Tax Act on account of unverified depositors. 2. Confirmation of addition of Rs 2,17,200/- as unexplained cash credit. Detailed Analysis: Issue 1: Deletion of Addition of Rs 68,97,100/- Under Section 68 The Revenue's appeal focused on the deletion of an addition of Rs 68,97,100/- made by the Assessing Officer under Section 68 of the Income Tax Act. The Assessing Officer had initially added Rs 71,14,300/- to the assessee's income due to unverified depositors. The assessee could only provide confirmations for Rs 24,44,050/- out of the total amount during the assessment proceedings. The remaining amount was added as income from undisclosed sources. The CIT(A) accepted additional evidence during the appeal proceedings, which included confirmations from all depositors. These additional evidences were forwarded to the Assessing Officer for verification. The Assessing Officer's remand report indicated that 17 persons confirmed their deposits through post, 5 persons were verified by the ward inspector, and 16 persons could not be contacted. The CIT(A) observed that the assessee had provided sufficient evidence, including PAN cards, election cards, and driving licenses, to prove the identity, genuineness, and creditworthiness of the depositors. The CIT(A) concluded that the assessee had discharged the initial onus cast upon him under Section 68, and the burden shifted to the Revenue to conduct further inquiries, which were not done. Consequently, the CIT(A) deleted the addition of Rs 68,97,100/-. During the hearing, the DR admitted that there was no material to show that any of the deposits out of Rs 68,97,100/- was not genuine. The Tribunal found no error in the CIT(A)'s findings and upheld the deletion of Rs 68,97,100/-. Issue 2: Confirmation of Addition of Rs 2,17,200/- as Unexplained Cash Credit The assessee's cross-objection concerned the confirmation of an addition of Rs 2,17,200/- as unexplained cash credit. The CIT(A) confirmed this addition because the assessee failed to provide confirmations or any evidence for this amount. The Tribunal noted that the assessee could not furnish any details or evidence to support the genuineness of the deposits totaling Rs 2,17,200/-. The AR admitted that the cross-objection was liable to be dismissed as there was no material to controvert the CIT(A)'s findings. Conclusion The Tribunal dismissed both the Revenue's appeal and the assessee's cross-objection. The deletion of Rs 68,97,100/- by the CIT(A) was upheld, and the confirmation of Rs 2,17,200/- as unexplained cash credit was also affirmed. The order was pronounced on April 30, 2014, in Ahmedabad.
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