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2025 (3) TMI 211 - AT - Income TaxAddition u/s 68 - unexplained cash credits - onus to prove - CIT(A) deleted addition - HELD THAT - In the present case the assessee not only disclosed the source of the credits reflected in its books of accounts but also furnished the assessment records of the creditor demonstrating that the source of funds in the creditor s hands had been subjected to scrutiny. Assessee discharged its initial onus under Section 68 and any addition made without further investigation or rebuttal of the evidence provided by the assessee would be untenable in law. We are of the considered opinion that the assessee has satisfactorily explained the source of credits in his books and consequently the CIT(A) has rightly deleted the additions after relying on various judgments made by the AO and no further intervention is warranted under these circumstances. Decided in favour of assessee.
ISSUES PRESENTED and CONSIDERED
The core legal issues considered in this judgment revolve around the applicability of Section 68 of the Income Tax Act, 1961, concerning unexplained cash credits. The Tribunal examined whether the Commissioner of Income Tax (Appeals) [CIT(A)] erred in deleting additions made by the Assessing Officer (AO) under Section 68 for the Assessment Years (AY) 2015-16 and 2016-17. The specific issues include:
ISSUE-WISE DETAILED ANALYSIS 1. Application of Section 68 of the Income Tax Act Relevant Legal Framework and Precedents: Section 68 of the Income Tax Act allows the AO to add unexplained cash credits to the income of the assessee if the assessee fails to satisfactorily explain the nature and source of such credits. The Tribunal referred to various judgments, including those from the Supreme Court, which outline the conditions under which Section 68 can be invoked. Court's Interpretation and Reasoning: The Tribunal noted that the CIT(A) had carefully considered the evidence provided by the assessee, including the identity, creditworthiness, and genuineness of the transactions. The CIT(A) found that the assessee had discharged the primary onus of proof by furnishing necessary documentation, such as bank statements, ITRs, and audited financial statements. Key Evidence and Findings: The CIT(A) relied on the documentation provided by the assessee, which included confirmations from creditors, bank statements, and financial records of MRPL and other entities involved. The Tribunal observed that the AO had not conducted independent inquiries to verify the genuineness of the transactions. Application of Law to Facts: The Tribunal agreed with the CIT(A) that the assessee had adequately demonstrated the identity and creditworthiness of the creditors, as well as the genuineness of the transactions. The Tribunal emphasized that the AO's reliance on general observations about shell companies was insufficient without specific evidence. Treatment of Competing Arguments: The Tribunal considered the Revenue's argument that the structure of the transactions indicated a lack of genuine business activity. However, the Tribunal found the assessee's evidence and explanations credible and sufficient to rebut the AO's claims. Conclusions: The Tribunal upheld the CIT(A)'s decision to delete the additions made under Section 68, concluding that the assessee had satisfactorily explained the cash credits. 2. Requirement to Explain "Source of Source" Relevant Legal Framework and Precedents: The Tribunal discussed the amendment to Section 68, which requires explaining the "source of source" for share capital but not for unsecured loans. The Tribunal referred to precedents that clarify the scope of this requirement. Court's Interpretation and Reasoning: The Tribunal noted that the amendment to Section 68, which requires explaining the "source of source," applies only to share capital and similar credits, not to unsecured loans. This amendment is applicable from AY 2023-24 onwards. Key Evidence and Findings: The Tribunal found that the assessee had provided sufficient evidence to establish the immediate source of the unsecured loans, and there was no statutory requirement to trace the source beyond the immediate creditor for the relevant assessment years. Application of Law to Facts: The Tribunal concluded that the CIT(A) correctly applied the law by not requiring the assessee to explain the "source of source" for unsecured loans received during AY 2015-16 and 2016-17. Treatment of Competing Arguments: The Tribunal rejected the Revenue's argument that the "source of source" requirement should apply to unsecured loans, emphasizing the legislative intent and the specific amendment to Section 68. Conclusions: The Tribunal upheld the CIT(A)'s decision, confirming that the assessee was not required to explain the "source of source" for unsecured loans. SIGNIFICANT HOLDINGS Preserve Verbatim Quotes of Crucial Legal Reasoning: The Tribunal cited the Hon'ble ITAT, Mumbai Bench, stating, "The opinion of the AO for not accepting the explanation offered by the assessee as not satisfactory is required to be based on proper appreciation of material and other attending circumstances available on the record." Core Principles Established: The Tribunal reaffirmed that the onus of proving the nature and source of cash credits lies with the assessee, but once the assessee provides credible evidence, the burden shifts to the Revenue to disprove the explanation. Final Determinations on Each Issue: The Tribunal upheld the CIT(A)'s deletion of additions under Section 68 for both AY 2015-16 and 2016-17, confirming that the assessee had satisfactorily explained the cash credits and that the requirement to explain the "source of source" did not apply to unsecured loans for the relevant years.
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