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of <h1>High Court affirms ITAT decision on company identity & creditworthiness. Emphasizes importance of proof in IT Act</h1> <h3>Commissioner Of Income Tax Versus M/s. Das'S Friends Builders (P). Ltd</h3> Commissioner Of Income Tax Versus M/s. Das'S Friends Builders (P). Ltd - TMI Issues:1. Whether the ITAT was legally correct in upholding the order regarding identity and creditworthiness of companies.2. Whether the ITAT was legally correct in examining creditworthiness and genuineness of transactions under section 68 of the IT Act.Analysis:Issue 1:The appeal under Section 260-A of the Income Tax Act, 1961 was filed against the ITAT's order regarding the identity and creditworthiness of two companies, M/s Sanghal Hotels (P) Ltd. (later changed to Friends Buildtech and Developers (P) Ltd.) and M/s FCS Cold Storage (P) Ltd. (later changed to GIR Shelters and Storage (P) Ltd.). The Assessing Officer added the amount received from these companies under Section 68 of the Act due to alleged lack of creditworthiness. However, the CIT (Appeals) deleted the addition after considering the companies' registration, income tax records, PAN copies, audit reports, and cheque payments. The Tribunal upheld the CIT's decision, emphasizing that the companies were genuine and had sufficient funds for the transactions. The High Court concurred with this finding, stating that the depositors' creditworthiness was proven, and there was no legal infirmity in the Tribunal's order.Issue 2:The second issue pertains to the examination of creditworthiness and genuineness of transactions under section 68 of the IT Act. The ITAT observed that the focus should be on the source of the assessee's funds rather than the source of the source, emphasizing circumstantial evidence and surrounding circumstances. The High Court agreed with this approach, noting that the deposit made by the companies through account payee cheques was from their own funds, as evidenced by the audit reports and account records submitted. The Court held that the ITAT's decision was legally sound, dismissing the appeal filed by the Revenue.In conclusion, the High Court upheld the ITAT's decision, emphasizing the genuine nature of the companies involved and the sufficiency of funds for the transactions. The judgment highlights the importance of proving creditworthiness and focusing on the original source of funds in such cases under the IT Act.
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