2022 (8) TMI 601 - AT - Income Tax

Addition of Unexplained Credit - Addition as non genuine sundry creditors - HELD THAT - We find that the Addition arises out of reconciliation difference in assessee s capital account with CEM wherein the assessee is a partner. For the said reason the assessee would not be figured as debtors in the books of that firm. Assessee was successful in reconciling the two differences and the allegation of AO regarding unexplained cash credit would have no legs to stand. It is undisputed finding that contract receipts pertaining to firm was wrongly credited in assessee s account and the same has already been offered to tax by the firm. Therefore this addition has rightly been deleted by Ld. CIT(A). Addition of unexplained investment - Assessee had adequate funds to meet the expenses and also to make investments. The same is further supported by the workings made by CIT(A) which has been extracted by us in preceding - Therefore the action of CIT(A) in deleting the addition could not be faulted with. DR has pleaded that the drawings was not accounted for by the firm in the reconciliation statement given during the remand proceedings. We find that the same is also not factually correct. The assessee in its reconciliation statement given to Ld. CIT(A) has reversed contract receipts of Rs.312.50 Lacs and added drawings - The net difference. In the statement given on 08.01.2020 the amount shown is Rs.275 Lacs and Rs.2 Lacs which totals to Rs.277 Lacs. Therefore there is difference in presentation only but the net impact is the same.

Issues Involved:
1. Deletion of additions towards unexplained investment of Rs.3,16,46,929.
2. Deletion of unexplained credit in the name of Chendur Earth Movers to the tune of Rs.2,20,21,180.
3. Allegation that the assessee failed to discharge the onus of proving the identity, genuineness, and creditworthiness of debtors and creditors.
4. Discrepancy in the reconciliation statement regarding drawings of Rs.35,50,000.

Issue-wise Detailed Analysis:

1. Deletion of Additions Towards Unexplained Investment of Rs.3,16,46,929:
The assessee was assessed under Section 143(3) of the Act, with the income assessed at Rs.1677.80 Lacs after certain additions. The AO noted a difference of Rs.316.46 Lacs between the assessee's expenses/investments and income/receipts. The CIT(A) found that the AO ignored the opening balances in the assessee's personal capital account and failed to consider the correct balance in the account of Chendur Earth Movers (CEM). The CIT(A) noted that the contract receipts of Rs.312.50 Lacs were wrongly credited by CEM to the assessee's account and later rectified. The CIT(A) concluded that the assessee had adequate funds for investments, and the figures picked up by the AO were from declared accounts with no undisclosed assets found. The addition on account of unexplained investment was deleted by the CIT(A).

2. Deletion of Unexplained Credit in the Name of Chendur Earth Movers to the Tune of Rs.2,20,21,180:
The AO added Rs.224.12 Lacs to the income of the assessee as unexplained credit, as this amount was not reflected in the return of income and no proof or confirmation letter was furnished. The CIT(A) found that the assessee was a partner in CEM with a 10% profit-share and had a debit balance in the current account. The CIT(A) noted that the contract receipts of Rs.312.50 Lacs were wrongly credited to the assessee's account and subsequently rectified. The CIT(A) concluded that the transactions were genuine and the addition made on this account should be deleted as the same had been taxed in the hands of the firm.

3. Allegation that the Assessee Failed to Discharge the Onus of Proving the Identity, Genuineness, and Creditworthiness of Debtors and Creditors:
The AO held that the assessee failed to prove the identity, genuineness, and creditworthiness of the debtors and creditors, leading to the addition of Rs.3,16,46,929. The CIT(A) found that the AO's cash flow statement was incorrect as it omitted to consider the balance in CEM and other factors. The CIT(A) noted that the assessee furnished a correct cash flow statement, proving adequate funds to meet expenses and make investments. The CIT(A) concluded that the additions were made on an improper understanding of Sections 68-69C without appreciating the scheme of the Act.

4. Discrepancy in the Reconciliation Statement Regarding Drawings of Rs.35,50,000:
The AO noted that the amount shown as drawings of Rs.35,50,000 was not accounted for by the firm in the reconciliation statement given during the remand proceedings. The CIT(A) found that the contract receipts of Rs.312.50 Lacs were wrongly credited in the assessee's account and the same had already been offered to tax by the firm. The CIT(A) concluded that the reconciliation difference was successfully explained by the assessee, and the allegation regarding unexplained cash credit had no legs to stand.

Conclusion:
The tribunal found no reason to interfere with the CIT(A)'s order, agreeing that the assessee had successfully reconciled the differences and adequately explained the investments and credits. The appeal by the Revenue was dismissed, and the CIT(A)'s order was upheld.

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