2018 (3) TMI 1650 - AT - Income Tax

Tribunal upholds CIT(A)'s decisions, Revenue's appeal dismissed. Evidence evaluation key. (A)

ACIT, Mehsana Circle, Mehsana Versus M/s. Shaifali Steels Limited,

The Tribunal dismissed the Revenue's appeal, affirming the CIT(A)'s decisions on all issues. The Tribunal found that the CIT(A) correctly evaluated the ... Additions towards unexplained investment in closing stock - Additions towards unexplained share capital - CIT deleted the additions - Held that:- When all the details and information available to revenue, CIT(A) has rightly deleted the additions. Issues Involved:1. Addition of Rs. 5,28,94,800/- on account of unexplained investment in closing stock.2. Addition of Rs. 79,00,000/- as unexplained share capital.3. Addition of Rs. 6,97,717/- as unexplained credits.4. Disallowance of Rs. 60,62,940/- on account of interest payment.5. Disallowance of Rs. 14,96,951/- as commission expenditure.Detailed Analysis:1. Addition of Rs. 5,28,94,800/- on account of unexplained investment in closing stock:The Revenue argued that the CIT(A) erred in reversing the Assessing Officer's addition of Rs. 5,28,94,800/- for unexplained investment in closing stock. The CIT(A) found that the assessee had included dies, moulds, and chillers in the work-in-progress (WIP) stock statement submitted to the bank, which were also reflected as fixed assets in the balance sheet. The assessee provided detailed reconciliations and explanations, including evidence that the bank accepted these items as part of WIP. The CIT(A) concluded that there was no discrepancy between the bank statement and the balance sheet, thus no unexplained investment existed. The Tribunal upheld the CIT(A)'s decision, noting that the Revenue failed to rebut these findings.2. Addition of Rs. 79,00,000/- as unexplained share capital:The Revenue challenged the deletion of Rs. 79,00,000/- added as unexplained share capital. The CIT(A) examined the confirmations and returns of the entities involved, Mahavir Enterprise and Indra Enterprises. The CIT(A) found that the identity, creditworthiness, and genuineness of the transactions were established. The Tribunal affirmed the CIT(A)'s decision, noting that the Revenue did not provide any evidence to counter the findings.3. Addition of Rs. 6,97,717/- as unexplained credits:The Revenue sought to restore the addition of Rs. 6,97,717/- as unexplained credits. The CIT(A) deleted the additions for loans from Sangita Shah and Bleachchem, finding that the assessee provided sufficient evidence, including confirmations and PAN details. However, the CIT(A) upheld the addition of Rs. 97,417/- from Jagdishbhai J. Patel due to lack of evidence. The Tribunal agreed with the CIT(A)'s findings, noting that the Revenue did not present any contrary evidence.4. Disallowance of Rs. 60,62,940/- on account of interest payment:The Revenue contested the deletion of Rs. 60,62,940/- disallowed as interest payment on loans allegedly diverted for non-business purposes. The CIT(A) found that the advances were for business purposes, such as CENVAT/Excise duty receivables, VAT/GST, sales tax receivables, advances for purchases, and employee advances. The Tribunal upheld the CIT(A)'s decision, noting that the Revenue did not provide evidence of any specific non-business diversion of funds.5. Disallowance of Rs. 14,96,951/- as commission expenditure:The Revenue sought to revive the disallowance of Rs. 14,96,951/- as commission expenditure. The CIT(A) directed the Assessing Officer to verify the bank certificates confirming the remittance of commission payments to Pachlis Glystias Greece. The Tribunal found no prejudice to the Revenue's interest in this directive and upheld the CIT(A)'s decision, rejecting the Revenue's appeal.Conclusion:The Tribunal dismissed the Revenue's appeal, affirming the CIT(A)'s decisions on all issues. The Tribunal found that the CIT(A) had correctly evaluated the evidence and provided detailed reasoning for the deletions and disallowances. The Revenue failed to provide sufficient evidence to counter the CIT(A)'s findings.