2018 (4) TMI 1266 - AT - Income Tax

Addition u/s 68 as unexplained cash credit - discharge of initial burden of proof - Held that - From the jumbled set of transactions of receiving and payment of substantial amounts from/to the third parties, specifically keeping in view the manner in which their proper recording in the books of account of the assessee had been given a go by, thus does not inspire much of confidence, but then we cannot also loose sight of the fact that the documentary evidence placed on record by the assessee substantially supports his claim. We thus restore the matter back to the file of the A.O for fresh adjudication of the issue under consideration. The A.O shall during the course of the set aside proceedings make necessary verifications from the aforementioned parties, viz. (i). M/s A.V. Forging Pvt. Ltd.; (ii). M/s Equichem Enterprises; (iii). M/s Shree Ganesh Enterprises ; and (iv). M/s Astec Life Sciences Pvt. Ltd., and shall re-adjudicate the issue.

Issues Involved:
1. Addition of ?2,09,83,520/- under Section 68 as unexplained cash credit.
2. Burden of proof under Section 68 of the Income Tax Act, 1961.
3. Evidentiary value of documents supporting the identity, credit, and genuineness of transactions.
4. Treatment of credits in the books of accounts and the bank statements.
5. Genuineness of the transactions and the veracity of the explanation provided by the assessee.

Issue-wise Detailed Analysis:

1. Addition of ?2,09,83,520/- under Section 68 as unexplained cash credit:
The assessee filed an appeal against the order of the CIT(A) confirming the addition of ?2,09,83,520/- under Section 68 as unexplained cash credit. The assessee argued that the amount represented sale receipts and provided various documents to support this claim. The CIT(A) and AO doubted the genuineness of the transactions, as the amounts received from M/s Shree Ganesh Enterprises and M/s Astec Life Sciences Ltd. were not shown as loans or advances and were later returned to M/s Shree Ganesh Enterprises.

2. Burden of proof under Section 68 of the Income Tax Act, 1961:
The assessee contended that once the initial burden of proof under Section 68 is discharged, the onus shifts to the AO. The assessee claimed to have provided sufficient evidence to discharge this burden, including confirmations from relevant parties and reconciliation of turnover as per VAT returns. However, the CIT(A) and AO held that the explanations provided did not satisfactorily explain the nature and source of the credits.

3. Evidentiary value of documents supporting the identity, credit, and genuineness of transactions:
The assessee submitted various documents, including replies to notices under Section 133(6), confirmation letters, copies of returns of income of the payers, and correspondences between the debtor and the parties. The CIT(A) called for a remand report from the AO, who issued notices to the concerned parties. The parties confirmed that they had made payments on behalf of M/s A.V. Forging Pvt. Ltd., but the AO and CIT(A) found the transactions dubious due to the return of funds to M/s Shree Ganesh Enterprises.

4. Treatment of credits in the books of accounts and the bank statements:
The AO observed that the assessee had received amounts from parties other than M/s A.V. Forgings Pvt. Ltd., to whom the entire sales were made. The amounts were not shown as loans or advances, and the assessee failed to provide documentary evidence to corroborate the claim that these were sale receipts. The CIT(A) noted that the transactions were not recorded transparently in the books of accounts, raising doubts about their genuineness.

5. Genuineness of the transactions and the veracity of the explanation provided by the assessee:
The CIT(A) and AO questioned the genuineness of the transactions, as the amounts received were later returned to M/s Shree Ganesh Enterprises. The CIT(A) held that the assessee's explanation was beyond comprehension and that the transactions were not carried out transparently. The Tribunal, however, noted that the assessee had provided substantial documentary evidence supporting the claim and remanded the matter back to the AO for fresh adjudication, directing necessary verifications from the concerned parties.

Conclusion:
The Tribunal allowed the appeal for statistical purposes, restoring the matter to the AO for fresh adjudication. The AO was instructed to verify the transactions with the concerned parties and re-adjudicate the issue, providing the assessee an opportunity to present fresh evidence. The Tribunal emphasized that the documentary evidence provided by the assessee substantially supported the claim, and the lower authorities' summary rejection was premature.

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