2017 (7) TMI 737 - HC - Income Tax

Addition u/s 68 - identity, genuineness and creditworthiness of the investors - Held that - The exercise for determining the identity, genuineness and creditworthiness of the investors of the share capital of the Assessee as well as lenders was undertaken in an elaborate manner by the CIT(A). Comments from the AO were sought. Detailed reasons have been given by the CIT(A) to come to the conclusion that the Assessee had discharged its onus of establishing the identity, genuineness and creditworthiness of both the investors as well as the lenders. This has been concurred with by the ITAT in the impugned order which is again an extremely detailed one. The concurrent factual findings of both the CIT(A) and ITAT have not been shown to be perverse by the Appellant. This is virtually the fourth stage of the litigation. - Decided in favour of assessee

Summary

Issues: Appeal by Revenue against ITAT order for AY 2009-10 - Deletion of addition under Section 68 - Reduction of addition on account of receipt of unsecured loans - Deletion of addition received as earnest money without agreement.

Analysis:
1. The appeal before the High Court was against an ITAT order for the Assessment Year 2009-10. The primary issues raised were related to the addition under Section 68 of the Income Tax Act.

2. The first question raised was whether the ITAT erred in deleting the addition of a specific amount under Section 68, considering the absence of key individuals associated with the companies to which shares were allotted. The Court reviewed the AO's and CIT(A)'s orders along with the ITAT's decision.

3. The second question pertained to the justification of the ITAT in reducing the addition under Section 68 to a lesser amount due to the receipt of unsecured loans. The CIT(A) had already conducted a detailed examination, and the ITAT concurred with their findings.

4. The third question addressed whether the ITAT was justified in deleting the addition of a certain amount received as earnest money without any evidence of an agreement. The Court noted that the CIT(A) and ITAT had extensively examined the identity, genuineness, and creditworthiness of the investors and lenders, finding the Assessee had met the burden of proof.

5. The Court emphasized that the CIT(A) and ITAT's factual findings were not unreasonable or incorrect. The judgment highlighted the thoroughness of the examination conducted by the authorities in establishing the legitimacy of the transactions in question.

6. Ultimately, the High Court ruled in favor of the Assessee on all three questions, dismissing the appeal by the Revenue. The decision was based on the satisfactory discharge of the burden of proof regarding the identity, genuineness, and creditworthiness of the investors and lenders, as established through detailed assessments by the CIT(A) and ITAT.