2018 (8) TMI 763 - HC - Income Tax

Additions u/s 68 - unexplained cash credit - further addition in respect of disallowance of interest thereon - onus of the assessee to prove source of source - Held that - It is true that this Court has been consistently taking a view that prior to amendment to Section 68 of the Act w.e.f. 1st April 2013 it is not necessary to establish the source of the source. However in the present case both the authorities i.e. CIT(A) and the Tribunal have on facts found the transaction is not genuine. This was on the appreciation of all facts including the absence of the 9 companies of Khandar Group doing any business to generate such huge funds even when they appeared before the authorities - Additions confirmed - Decided against the assessee.

Summary

Issues involved:
Challenge to order of Income Tax Appellate Tribunal regarding addition of alleged cash credit and interest thereon under Section 68 of the Income Tax Act, 1961 for Assessment Year 2007-08.

Analysis:
1. The Appellant-Assessee contested the addition of ?2.40 crores as alleged cash credit without sufficient explanation, shifting the burden to the Assessing Officer to prove non-genuineness. The Tribunal upheld the addition, citing lack of creditworthiness and genuineness of transactions by 9 companies from Khandar Group, who were tax defaulters with no source of income. The CIT(A) and Tribunal found the Appellant failed to discharge the onus to establish genuineness and creditworthiness, despite filing confirmations and using account payee cheques. The decisions cited by the Appellant were deemed inapplicable due to the specific facts of the case.

2. The Assessing Officer made the addition under Section 68 after verifying loans from 23 parties, with the Khandar Group companies accounting for a significant portion. The CIT(A) accepted loans from other companies but upheld the addition for Khandar Group companies due to lack of creditworthiness and non-maintenance of financial records. The Tribunal concurred, noting the absence of financial statements or returns since 2000-01, indicating non-genuineness of transactions. The Appellant's argument regarding the source of the source was rejected.

3. The Appellant's reliance on various court decisions to establish the creditor's capacity on a transaction-wise basis was dismissed by the Court. Both the CIT(A) and Tribunal found the transactions with Khandar Group companies not genuine, considering the overall facts. The Court emphasized the importance of assessing creditworthiness and genuineness based on specific circumstances, leading to the dismissal of the Appeal without costs.

In conclusion, the Court upheld the Tribunal's decision to add the alleged cash credit under Section 68, emphasizing the Appellant's failure to prove the genuineness and creditworthiness of transactions with the Khandar Group companies. The Court's analysis focused on the specific facts of the case, disregarding the Appellant's arguments and citing the importance of considering all relevant factors in such assessments.