2023 (6) TMI 43 - AT - Income Tax

Addition u/s 69A - loan transaction treated as an income unexplained - unaccounted cash transactions and accommodation entries and the loan transaction of the assessee is one such accommodation entry - statement recorded from Shri Jagdish B Ahuja, where he had confirmed maintenance of parallel books of account and giving the accommodation entries - HELD THAT - Specific finding from the statement recorded which the Assessing Officer has linked the impugned loan transaction with the statement recorded. We also notice that while making the addition under section 69A, AO has emphatically concluded that during the year, assessee has returned the loan and has received cash against the same without bringing any concrete evidence except the modus operandi of the transaction as has been explained in the statement given by Shri Jagdish Ahuja. It is also noticed that the factual finding given by the AO that the assessee has repaid the loan during the year is not correct since from the perusal of records we notice that the assessee has taken the loan on 19/11/2008 through cheque In assessee's case here, the documents evidencing the impugned transactions have been submitted before the lower authorities, which fact has not been analysed by the lower authorities and that nothing has been brought on record by the Revenue to controvert the contentions of the assessee. When the assessee is found to be the owner of money bullion etc., that is not recorded in books and that the assessee offers no explanation about the nature and source then the said money bullion etc., may be deemed to be the income of the assessee u/s.69A. In the case under consideration we notice that the assessee has recorded the impugned transactions in the books of accounts and has also provided explanations/evidences explaining the source of the loan transaction. Given this and considering other facts and evidences we are of the considered view that the AO is not correct in treating the loan transaction as an income u/s.69A - Appeal is allowed in favour of the assessee.

Summary

Issues involved:
The appeal challenges the order of the Commissioner of Income Tax Appeals regarding the addition of a loan amount under section 69A of the Income Tax Act, 1961 for the assessment year 2009-10.

Issue 1: Addition of loan amount under section 69A

The assessee contested the addition of Rs. 8,00,000 as a loan under section 69A, providing documentary evidence to substantiate the genuineness of the transaction. The Assessing Officer, however, disregarded the evidence, alleging a shady transaction with unaccounted money. The Commissioner of Income Tax Appeals upheld this decision, leading to the appeal before the Tribunal.

Issue 2: Reopening of assessment under section 147

The appeal also challenges the reopening of the assessment under section 147 and the subsequent addition of Rs. 8,00,000 under section 69A. The appellant argued that the reopening was based on borrowed satisfaction without independent inquiry, while the authorities claimed the loan transaction was part of accommodation entries.

Issue 3: Ownership of money under section 69A

The Assessing Officer concluded that the assessee had returned the loan amount and received cash, treating it as unexplained money under section 69A. However, the Tribunal found discrepancies in this conclusion, noting that the loan was properly recorded and repaid, with evidence provided. The Tribunal ruled in favor of the assessee, deleting the addition and allowing the appeal.

This judgment highlights the importance of proper documentation and evidence in tax assessments, emphasizing the need for a thorough examination of facts before making additions under relevant sections of the Income Tax Act.