2013 (7) TMI 523 - HC - Income Tax

Court upholds Authorities' orders as legal, answers key tax law question on cash credits vs. supplies

The Court upheld the orders passed by the Authorities, stating they were legal and valid. The substantial question of law was answered in favor of the ... Cash credit - Whether Section 68 of the Act applies only to cash credit - Held that:- where any sum is found credited in the books of an assessee and in the ends what is mentioned is the sum so credited may be charged to income-tax - In the body of the Section, the word used is either found credited or so credited, there is no indication in the Section that such a credit should be a cash credit - The essence is that the credit should be shown in the account and that would satisfy the requirement of Section 68 of the Act. Once the credit so mentioned in the Section is found to be not supported by any acceptable evidence, then the sum so credited may be charged to income-tax as the income of the assessee of that previous year - Decided in favour of the Revenue. Issues:1. Interpretation of Section 68 of the Income Tax Act, 1961 regarding cash credits.Analysis:The judgment involves an appeal challenging the order passed by the Tribunal, which dismissed the appellant's contentions that Section 68 of the Income Tax Act is not applicable to the case. The appellant, a proprietrix of a hardware business, faced discrepancies in the accounts of creditors during assessment proceedings. The Assessing Officer added the discrepancies to the appellant's income, leading to further appeals and re-assessment. The appellant argued before the Tribunal that Section 68 only applies to cash credits, not credits for supplies received. The Revenue contended that a narrow interpretation of Section 68 is not permissible, and the Authorities were justified in making additions under it.The substantial question of law was whether Section 68 applies only to cash credits. The appellant argued that the heading of Section 68 mentions cash credits, implying it does not apply to credits for supplies. However, the Revenue contended that the body of the Section refers to credits for supplies as well. The Court analyzed Section 68 and emphasized that the heading cannot control the plain words of the provision. It concluded that the essence of Section 68 is that any sum found credited in the books of an assessee, whether cash or representing supplies, may be charged to income tax if not supported by acceptable evidence.Ultimately, the Court upheld the orders passed by the Authorities, stating they were legal and valid. The substantial question of law was answered in favor of the Revenue, dismissing the appeal accordingly. The judgment provides a detailed analysis of the interpretation of Section 68 in the context of cash credits and credits for supplies, clarifying that the provision encompasses both types of credits found in an assessee's books.