2015 (12) TMI 621 - AT - Income Tax

Unexplained Cash Credit under Income Tax Act: Tribunal Upholds Addition, Emphasizes Documentation

The Appellate Tribunal upheld the addition of the unexplained cash credit under section 68 of the Income Tax Act, emphasizing the lack of substantiation ... Unexplained cash credit u/s 68 - cash gift received by the assessee - Held that:- The assessee has not brought out any new facts or submissions on record, no documentary evidences have been referred in these written submissions, and no proper book has been filed before us to negate the findings of Ld CIT(A), and to substantiate the claim made by the assessee. No reasoning has been given in the written submissions to assail the detailed findings given by the Ld. CIT(A) against the genuineness of impugned gifts. It is noted, general and vague submissions have been made in these written submissions, but on the other hand, the AO has made detailed discussion and has given detailed findings and reasoning in the assessment order while making additions, which have been further elaborated by Ld. CIT(A) and he has given categorical findings to establish that the alleged gifts were not genuine. These findings remain uncontroverted, no interference is called for therein, and therefore these are confirmed. - Decided against assessee. Issues Involved:Appeal against addition of unexplained cash credit under section 68 of the Income Tax Act for cash gifts received in foreign currency.Detailed Analysis:Issue 1: Addition of Unexplained Cash CreditThe primary issue in this appeal pertains to the addition made by the Assessing Officer (AO) under section 68 of the Income Tax Act amounting to Rs. 13,54,000/- as unexplained cash credit received by the assessee in foreign currency. The AO observed that the assessee had made cash deposits in his bank account during the relevant year. The assessee claimed that the deposits were gifts received in dollars from close relatives residing in Abu Dhabi and Dubai, thus exempt under section 56(2)(vi) of the Income Tax Act. However, the AO found discrepancies, such as the undisclosed joint bank account and lack of proper documentation, leading to the addition of the gift amount as non-genuine.Issue 2: First Appeal and Confirmation of AdditionThe assessee appealed to the Ld. Commissioner of Income Tax (Appeals) [CIT(A)] against the AO's addition. The CIT(A) rejected the appeal and upheld the AO's decision after considering the submissions made by the assessee. The CIT(A) highlighted various shortcomings in the assessee's case, including the lack of evidence to prove the relationship with the donors, absence of proper banking channels for foreign exchange gifts, and failure to explain the conversion of dollars into rupees. The CIT(A) concluded that the gifts were not genuine and confirmed the addition made by the AO.Issue 3: Tribunal's DecisionBefore the Appellate Tribunal, the assessee did not present any new facts or substantial evidence to challenge the CIT(A)'s findings. The Tribunal noted the detailed reasoning provided by the AO and CIT(A) regarding the non-genuineness of the gifts. The Tribunal emphasized the lack of proper explanation from the assessee regarding the cash deposits and the conversion of foreign exchange. Ultimately, the Tribunal upheld the decisions of the lower authorities, dismissing the assessee's appeal and confirming the addition of the unexplained cash credit.In conclusion, the Appellate Tribunal upheld the addition of the unexplained cash credit, emphasizing the lack of substantiation and proper explanation provided by the assessee regarding the foreign currency gifts and cash deposits. The Tribunal's decision aligned with the findings of the AO and CIT(A), highlighting the importance of maintaining transparency and providing adequate documentation in such cases.