2015 (11) TMI 429 - AT - Income Tax

Addition on account of credits against non-existent sales - accommodation entries - CIT(A) deleted the addition - Held that - Shri Ravinder Hadav has been held to be the beneficial owner of the transactions routed in his various bank accounts and the peak credit in the bank accounts, along with the profits of the business and the accruals to/increases in the balance sheet of M/s R.V.Traders, was brought to tax in his hands. Being satisfied by the reasoning and finding arrived at therein, the departmental ground is dismissed. While coming to the said conclusion we have take into consideration the explanation offered by the assessee at the assessment stage and the fact that it was similarly argued before the CIT(A). The explanation along with evidences have been confronted to the AO who also agrees that nothing new is being said. The fact remains that genuineness of the transaction stands un-assailed on record. The drafts/pay orders received against sales made stands consistently accepted by the assessee. In these peculiar facts and circumstances of the case where the CIT(A) gives a finding that these transactions stand already taxed in the hands of the Ravinder Yadav which fact remains un-assailed on record. In these peculiar facts and circumstances we find no infirmity arrived at in the impugned order. The departmental ground is accordingly dismissed. - Decided in favour of assessee.

Issues Involved:
1. Deletion of addition on account of credits against nonexistent sales to M/s R.V. Traders.
2. Deletion of addition on account of credits against nonexistent/non-genuine sales to M/s Swastik Packaging.

Issue 1: Deletion of addition on account of credits against nonexistent sales to M/s R.V. Traders

The Revenue challenged the deletion of an addition amounting to Rs. 1,17,12,111/- made by the Assessing Officer (AO) on the grounds that the assessee had shown sales to M/s R.V. Traders, a proprietary concern of Shri Ravinder Yadav, which were deemed to be accommodation entries and not genuine sales. The AO based this conclusion on a search and seizure operation conducted on the Swastik Pipes group, which included premises belonging to the assessee. The AO received information from the Financial Intelligence Unit regarding high volume cash transactions in Shri Ravinder Yadav's bank accounts, which were allegedly used to provide accommodation entries. During the assessment proceedings, the assessee claimed that the amounts received from Shri Ravinder Yadav's bank accounts were adjusted against sales to various parties.

The CIT(A) deleted the addition, reasoning that the entire transactions relating to the demand drafts/pay orders and transactions of M/s R.V. Traders with the appellant company were fully taxed in the hands of Shri Ravinder Yadav. The CIT(A) noted that the sales were recorded in the appellant's books of account and credited to the Profit & Loss account, which were duly audited and filed with the Income Tax returns. The CIT(A) held that taxing the same amounts in the hands of Shri Ravinder Yadav and the appellant company was improper.

The Tribunal upheld the CIT(A)'s order, noting that the findings of fact had not been rebutted by the Revenue. The Tribunal found that the transactions were genuine and recorded in the assessee's books of accounts. It was also noted that the AO had already taxed these transactions in the hands of Shri Ravinder Yadav. Therefore, the addition of Rs. 1,17,12,111/- was deleted.

Issue 2: Deletion of addition on account of credits against nonexistent/non-genuine sales to M/s Swastik Packaging

The Revenue also challenged the deletion of an addition amounting to Rs. 2,82,92,872/- made by the AO on the grounds that the assessee could not furnish evidence to prove the genuineness of sales to M/s Swastik Packaging. The AO concluded that M/s Swastik Packaging was a non-existent entity floated for the benefit of the assessee and the Northern Group based on the search investigation and statements recorded.

The CIT(A) deleted the addition, reasoning that the sales to M/s Swastik Packaging were recorded in the appellant's books of accounts and credited to the Profit & Loss account, which were duly audited and filed with the Income Tax returns. The CIT(A) noted that the purchases of the appellant company had not been challenged and the accounts had not been rejected. The CIT(A) held that the onus was on the Revenue to prove that the receipts claimed against sales were not genuine. The CIT(A) also noted that taxing the same amounts again would result in double taxation, which is not permissible under the law.

The Tribunal upheld the CIT(A)'s order, noting that the transactions were genuine and recorded in the assessee's books of accounts. The Tribunal found no infirmity in the CIT(A)'s order and dismissed the Revenue's ground.

Conclusion:

The Tribunal dismissed the appeals filed by the Revenue for all the assessment years involved, upholding the CIT(A)'s orders deleting the additions made by the AO on account of credits against nonexistent/non-genuine sales to M/s R.V. Traders and M/s Swastik Packaging. The Tribunal found that the transactions were genuine and recorded in the assessee's books of accounts, and taxing the same amounts again would result in double taxation.

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