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2017 (2) TMI 1188 - AT - Income TaxAddition made on account of disallowance of electricity expenses - Held that - After heating both the sides and perusal of materials on record, we observed that the assessee has made payment by cheque to the torrent power company limited towards the power bills and we have also noted the finding of the learned CIT appeal stating that assessing officer has not made any adverse remarks over the submission of the assessee made during the appellant proceedings before the learned CIT appeal. In view of these facts , we do not find any reason to interfere in the finding of the learned CIT appeal. - Decided against revenue Addition u/s 68 - Held that - After perusal of the above information and findings of the ld. CIT(A), that identity, creditworthiness and genuineness of all the four parties have been established by the assessee, we do not find any reason to interfere in the findings of the ld. CIT(A). The appeal of the revenue is dismissed.
Issues Involved:
1. Deletion of addition made on account of disallowance of electricity expenses. 2. Deletion of addition made on account of unexplained cash credits of four creditors. Issue-wise Detailed Analysis: Ground No. 1: Deletion of Addition Made on Account of Disallowance of Electricity Expenses The Revenue's appeal challenged the deletion of an addition made on account of disallowance of electricity expenses amounting to ?1,04,274/-. The assessee had filed a return declaring an income of ?51,10,870/- for the assessment year 2009-10. During the scrutiny, the Assessing Officer (AO) disallowed the electricity expenses due to the absence of electricity bills for verification. The assessee appealed to the CIT(A), who allowed the claim, noting that the payments were made by cheque to Torrent Power Co. Ltd. and that the business of mineral water processing required power. The CIT(A) also noted that the assessee had declared a net profit of 22.39%, which exceeded the prescribed rate under Section 44AF of the Income Tax Act, 1961. The AO did not provide any adverse remarks in the remand report. The Tribunal, after hearing both sides and reviewing the materials on record, found no reason to interfere with the CIT(A)'s findings and upheld the deletion of the disallowance. Ground No. 2: Deletion of Addition Made on Account of Unexplained Cash Credits The AO found credit entries in the assessee's bank book for Vijay Cooperative Bank Ltd., totaling ?33,91,434/-, which included credits from ONGC and four individuals. The AO issued a show-cause notice to the assessee to explain the identity, genuineness, and creditworthiness of the creditors. The AO made an addition of ?33,91,434/- under Section 68 of the Act, as the assessee failed to provide the required details. The assessee appealed to the CIT(A), who deleted the addition after verifying the documents and finding the explanations satisfactory. For the ONGC credits totaling ?3,91,434/-, the CIT(A) found that these were payments for compensation for agricultural land acquisition, supported by relevant documents. The AO did not provide any adverse findings on these credits. For the four individual creditors, the CIT(A) noted that the assessee provided confirmations, bank statements, income tax returns, and affidavits for each creditor, establishing their identity, creditworthiness, and genuineness. The CIT(A) cited the Supreme Court's decision in CIT Vs. Orissa Corporation Pvt. Ltd. and the Gujarat High Court's decision in CIT Vs. Ranchhod Jivabhai Nakhava, emphasizing that the primary onus was on the assessee to provide details, and any further verification should be conducted by the AO. The AO did not issue summons to the creditors or point out any deficiencies in the provided documents. The Tribunal reviewed the CIT(A)'s findings and the provided documents, concluding that the identity, creditworthiness, and genuineness of the creditors were established. The Tribunal found no reason to interfere with the CIT(A)'s decision and upheld the deletion of the addition. Conclusion: The appeal of the Revenue was dismissed on both grounds. The Tribunal upheld the CIT(A)'s decision to delete the additions made on account of disallowance of electricity expenses and unexplained cash credits, finding that the assessee had satisfactorily discharged the onus of providing necessary details and documents. The order was pronounced in the open court on 21-02-2017.
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