2023 (9) TMI 1031 - AT - Income Tax

Addition u/s. 68 - unexplained cash credit in the form of share capital with premium - Onus to prove - HELD THAT - The assessee has successfully discharged its onus by proving the identity and creditworthiness of the share applicants and cash creditors and genuineness of the alleged transaction of receiving share application and unsecured loans and, therefore, the addition made u/s 68 is uncalled for and is hereby deleted.

Summary

Issues Involved:
1. Deletion of addition made u/s 68 for unexplained cash credit in the form of share capital with premium.
2. Deletion of addition made u/s 68 for unexplained unsecured loans.
3. Non-consideration of the remand report by the Assessing Officer (A.O.).

Summary:

Issue 1: Deletion of Addition Made u/s 68 for Unexplained Cash Credit in the Form of Share Capital with Premium
The assessee, a private limited company engaged in investment business, declared a loss for Assessment Year 2012-13. The case was selected for scrutiny due to large share premium received. The A.O. observed unexplained share capital and share premium totaling Rs. 7,96,16,343/-. Summons issued u/s 131 were unserved, and the assessee failed to provide addresses and PAN of shareholding companies. The A.O. deemed the share applicant companies bogus and added the amount u/s 68. The CIT(A) deleted the addition, stating no actual money was received during the financial year, and it was merely a journal entry. The Tribunal reversed CIT(A)'s finding, stating that even journal entries fall within the purview of Section 68. However, the assessee provided sufficient details proving the identity, creditworthiness, and genuineness of the transactions, leading to the deletion of the addition. The Tribunal upheld that the assessee had discharged its onus by providing necessary details.

Issue 2: Deletion of Addition Made u/s 68 for Unexplained Unsecured Loans
The A.O. added Rs. 6,85,77,614/- for unexplained unsecured loans, primarily based on a sum of Rs. 6,95,00,000/- received from Gourav Commerce Pvt. Ltd. The CIT(A) noted compliance from Gourav Commerce Pvt. Ltd. with notice u/s 133(6), confirming the loan and providing necessary documents. The source of the loan was traced back to BMW Industries Ltd., a listed company. The Tribunal found that the assessee had provided sufficient evidence proving the identity, capacity, and genuineness of the loan transaction, leading to the deletion of the addition.

Issue 3: Non-Consideration of the Remand Report by the A.O.
The remand report was not adequately considered by the A.O., who failed to verify the details provided by the assessee and the creditors. The Tribunal emphasized that the A.O. did not point out any discrepancies in the documents submitted by the assessee, which were sufficient to establish the identity, creditworthiness, and genuineness of the transactions.

Conclusion:
The Tribunal dismissed the revenue's appeal regarding the additions made u/s 68 for unexplained share capital and unsecured loans, upholding the CIT(A)'s decision to delete these additions. The Tribunal found that the assessee had successfully discharged its onus by providing necessary details and documents, proving the identity, creditworthiness, and genuineness of the transactions. The appeal of the revenue was partly allowed on other grounds, which were general and consequential in nature.