2014 (2) TMI 784 - AT - Income Tax

Tribunal upholds deletion of undisclosed income additions for flat sale and cash credit

The tribunal upheld the CIT(A)'s decision to delete additions of Rs. 9,00,000 and Rs. 1,00,000 for undisclosed income from the sale of a flat and ... Deletion made u/s 68 of the Act – Undisclosed income from sale of flat – Unexplained cash credits - Held that:- The assessee had explained the entire facts to Assessing Officer – assessee had submitted sufficient evidences of having received the amount on account of sale of flat at Calcutta - The Assessing Officer made the addition only because no formal sale agreement was entered into - the identity of buyer along with his PAN number, confirmation, affidavit and possession letter was filed before Assessing Officer and these are sufficient evidences to prove the contentions of assessee - CIT(A) has very elaborately dealt with the issue. Complete address and PAN number was mentioned and lender had confirmed to have made payments on behalf of assessee - originally the amount was paid by the lender to Fertilizer & Chemicals Travancore Ltd., and against which the assessee had repaid in the same year whereas the balance amount was repaid on 30.4.2005 – the CIT(A) has rightly deleted the addition after verifying complete facts and details – thus, there is no infirmity in the order of the CIT(A) – Decided against Revenue. Issues:1. Deletion of addition of Rs. 9,00,000 on account of undisclosed income from the sale of a flat.2. Deletion of addition of Rs. 1,00,000 as unexplained cash credit under section 68 of the Income Tax Act, 1961.Analysis:Issue 1: Deletion of addition of Rs. 9,00,000The appellant received Rs. 9,51,000 from a buyer for the sale of a flat. The Assessing Officer treated this amount as unexplained cash credit under section 68 due to the absence of a registered sale deed. However, the appellant provided details of the buyer, cheques received, and other evidence. The appellant explained that although the sale deed was not registered, possession of the flat was handed over, and the full consideration was received. Additional evidence submitted during appellate proceedings was not contested by the Assessing Officer. The appellant's wife's case was cited as a comparable case where a registered sale deed was submitted. The CIT(A) admitted the additional evidence and deleted the Rs. 9,00,000 addition, stating that the Assessing Officer did not provide any adverse material to disprove the transaction's genuineness.Issue 2: Deletion of addition of Rs. 1,00,000The Assessing Officer added Rs. 1,00,000 as unexplained credit under section 68 related to a loan from a company due to the lack of confirmation and creditworthiness proof. The appellant provided a confirmation from the lender with verifiable details, including PAN and bank information. The CIT(A) admitted this evidence and deleted the Rs. 1,00,000 addition, emphasizing that the appellant had fulfilled the onus by providing verifiable loan details during assessment proceedings. The Assessing Officer's failure to disprove the evidence and offer a chance for explanation rendered the addition unjustifiable.In the appeal, the revenue challenged these deletions. The CIT(A)'s decisions were upheld by the tribunal. The tribunal found that the appellant had provided sufficient evidence to support the sale of the flat and the loan transaction. The tribunal concluded that the deletions made by the CIT(A) were appropriate, as the Assessing Officer failed to provide adverse material to refute the appellant's evidence. Therefore, the appeal filed by the revenue was dismissed, and the tribunal upheld the CIT(A)'s order.