2022 (11) TMI 986 - AT - Income Tax

Un-secured credits - non-production of the details of the source of source - Disallowance made Doubting creditworthiness and genuineness of transaction in respect of the source of source - authorities doubted the creditworthiness of this HICSPL, because of the opening balance of HICSPL, the worth of the fixed assets possessed by HICSPL and the details of shareholders and the nature of business not being discussed in the annual report - HELD THAT - We are of the considered opinion that the non-production of the details of the source of source cannot be dubbed as negligence on the part of the assessee. According to the assessee, all the transactions relating to the creditworthiness of the creditors of HICSPL could be deciphered from the income tax returns and other financial statements furnished now. It is necessary to admit the additional evidence which has a bearing on the issue before us. Since a factual verification is necessary in this matter, which could conveniently be done by AO we set aside the impugned orders and restore the issue to the file to verify the evidence now produced and decide the issue afresh -Grounds are accordingly treated as allowed for statistical purposes.

Summary

Issues:
1. Assessment of unsecured credits in the balance sheet.
2. Addition of unsecured credit from a specific individual.
3. Appeal against the decision of the learned Commissioner of Income Tax(Appeals).

Issue 1: Assessment of unsecured credits in the balance sheet
The case involved the assessment of unsecured credits in the balance sheet of the assessee company for the assessment year 2013-14. The Assessing Officer raised concerns regarding the creditworthiness of a particular creditor, HICSPL, due to various discrepancies in its financial statements. The Assessing Officer added the unsecured credit amount to the income of the assessee, leading to a revised income determination. The Commissioner of Income Tax(Appeals) upheld the decision on creditworthiness but adjusted the quantum of addition based on factual findings. The assessee challenged this decision before the Appellate Tribunal, arguing that the authorities should have sought clarification on the creditworthiness and genuineness of the transactions. The Tribunal allowed the appeal, noting that the assessee provided additional evidence to support the creditworthiness and genuineness of transactions, directing the Assessing Officer to verify the evidence and decide the issue afresh.

Issue 2: Addition of unsecured credit from a specific individual
Apart from the unsecured credit from HICSPL, the Assessing Officer also added a sum in respect of an unsecured credit from another individual. The Commissioner of Income Tax(Appeals) confirmed this addition under section 68 of the Income Tax Act. The assessee challenged this decision before the Appellate Tribunal, which did not specifically address this issue in the judgment summary provided.

Issue 3: Appeal against the decision of the learned Commissioner of Income Tax(Appeals)
The assessee appealed against the decision of the Commissioner of Income Tax(Appeals) before the Appellate Tribunal. The Tribunal considered the arguments presented by both parties. The assessee contended that the authorities should have sought additional information to clarify doubts about the creditworthiness and genuineness of transactions. The Tribunal allowed the appeal, admitting additional evidence provided by the assessee to support the creditworthiness and genuineness of transactions, and directed the Assessing Officer to reexamine the issue based on the new evidence.

This detailed analysis of the judgment covers the issues involved comprehensively, providing insights into the assessment of unsecured credits, addition of specific unsecured credits, and the appeal process against the decision of the Commissioner of Income Tax(Appeals).