2013 (5) TMI 861 - AT - Income Tax

Tribunal partially rules in favor of assessee, deletes Rs. 27,13,500 under IT Act. Assessing officer's reliance unjustified.

The Tribunal allowed the appeal partly, ruling in favor of the assessee. The addition of Rs. 27,13,500/- under Section 68 of the Income Tax Act was ... Addition u/s 68 - Held that:- The assessing officer has not made any analysis of the details submitted by the assesseee. He has formed his opinion on the basis of the information submitted by the investigation wing, which is a general information and which can only set the machinery of the investigation in motion. The assessing officer has not carried out any investigation, he only discussed the modus operandie of the accommodation entry provider, which has been inferred by him from the information received from investigation wing. Thus the assessing officer has not carried out any investigation on the details submitted by the assessee, therefore, the addition are not sustainable Issues Involved:1. General ground by the assessee.2. Reopening of assessment under Section 147 of the Income Tax Act, 1961.3. Addition of Rs. 27,00,000/- under Section 68 of the Income Tax Act, 1961.4. Addition of Rs. 13,500/- as commission for arranging accommodation entries.Issue-wise Detailed Analysis:1. General Ground by the Assessee:The first ground taken by the assessee was general in nature and did not call for any specific finding. Hence, it was rejected.2. Reopening of Assessment under Section 147:The assessee challenged the reopening of assessment under Section 147 of the Income Tax Act, 1961. However, the counsel for the assessee did not press these grounds of appeal, leading to their rejection.3. Addition of Rs. 27,00,000/- under Section 68:The assessee filed its return of income declaring Rs. 1,03,970/-. The assessing officer received information indicating that the assessee had received accommodation entries from three concerns controlled by certain individuals who admitted to providing such entries. The assessing officer reopened the assessment and added Rs. 27,00,000/- as unexplained credit under Section 68 of the Income Tax Act, 1961. The assessee contended that it had received only Rs. 13,00,000/- as share application money and provided various documents to substantiate the identity, creditworthiness, and genuineness of the transactions.The assessing officer did not verify these details and concluded that the transactions were accommodation entries, adding Rs. 27,13,500/- to the assessee's income. The CIT (A) upheld this addition, citing the lack of proof regarding the genuineness and creditworthiness of the transactions despite the assessee's submission of documents.The Tribunal referred to several judgments, including CIT Vs. Kamdhenu Steel and CIT Vs. Fair Finvest Ltd., where it was held that if the assessee submits primary details, the onus shifts to the assessing officer to point out defects. The Tribunal found that the assessing officer did not carry out any investigation on the details submitted by the assessee and relied solely on the information from the investigation wing. Consequently, the addition of Rs. 27,13,500/- was deleted.4. Addition of Rs. 13,500/- as Commission:The addition of Rs. 13,500/- was made on the presumption that the assessee must have paid commission at 0.5% for arranging the accommodation entries. Since the primary addition of Rs. 27,00,000/- was deleted, this related addition was also deleted.Conclusion:The Tribunal concluded that the assessing officer did not conduct a proper investigation and relied on general information from the investigation wing. The assessee had provided sufficient details to prove the identity, genuineness, and creditworthiness of the transactions. Therefore, the additions made by the assessing officer were not sustainable, and the appeal of the assessee was partly allowed. The order was pronounced in the open court on May 3, 2013.