9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (11) TMI 15 - AT - Income TaxAddition u/s 68 - unexplained cash credits - HELD THAT - MOU was not doubted by the AO to the extent that the assessee received commission of 1% in the said sale and purchase of the land. In fact, the assessee has explained the details of the cash book deposited in the Kalupur Commercial Co-op Bank Ltd. Assessee has explained the amount through cash books which is in respect of agricultural produce sold on 21.08.2013 as well as earning the commission of 1% paid by the RSPL Ltd. Company therefore, the same was properly explained and cannot be termed as unexplained cash credits u/s 68 - CIT(A) as well as the AO was not right in making this addition as the assessee herein has explained the details before the authorities regarding the amount - Therefore, appeal of the assessee is allowed.
Issues:
1. Section 68 - Addition of cash deposits as unexplained cash credits. 2. Section 56 - Addition on account of undisclosed interest of saving bank account. 3. Charging of interest under sections 234A, 234B, and 234C. 4. Initiation of penalty proceedings under section 271(1)(c) of the Act. Analysis: Issue 1: Section 68 - Addition of cash deposits as unexplained cash credits The appellant contested the addition of Rs. 4,05,000 as unexplained cash credits, arguing that the deposits were from income offered for taxation and withdrawals during the year. The AO's decision was criticized as unjustified, based on suspicion, conjectures, and surmises. The CIT(A) upheld the AO's decision, leading to an appeal. The appellant explained that the deposits were related to agricultural produce sales and commission earnings, supported by a Memorandum of Understanding (MOU) with RSPL Ltd. The MOU detailed the commission payment structure, and the cash deposits were adequately explained. The Tribunal found the addition unjustified, as the appellant provided detailed explanations, leading to the allowance of the appeal. Issue 2: Section 56 - Addition on account of undisclosed interest of saving bank account The appellant challenged the addition of undisclosed interest from a bank account opened by RSPL Ltd., arguing that the funds belonged to the company. The CIT(A) supported the AO's decision, prompting an appeal. The appellant clarified that the account was operated by the company and the deposited amount, including interest, belonged to RSPL Ltd. The Tribunal noted the MOU's terms, confirming the commission payment structure and the company's financing of the land investment. As the appellant adequately explained the funds' ownership and source, the addition of undisclosed interest was deemed unwarranted. Issue 3: Charging of interest under sections 234A, 234B, and 234C The appellant objected to the interest charged under sections 234A, 234B, and 234C, arguing that the demand for income tax was not sustainable. However, the Tribunal's decision did not specifically address this issue in the provided summary. Issue 4: Initiation of penalty proceedings under section 271(1)(c) of the Act The appellant raised concerns about the initiation of penalty proceedings under section 271(1)(c) of the Act. However, the Tribunal's decision did not elaborate on this issue in the summary. In conclusion, the Tribunal allowed the appeal, overturning the additions made by the AO and upheld by the CIT(A) regarding unexplained cash credits and undisclosed interest. The Tribunal found the appellant's explanations satisfactory, emphasizing the importance of providing detailed justifications for financial transactions to avoid unjustified tax implications.
|
