2019 (4) TMI 1811 - AT - Income Tax

Appeal Victory: Proper Documentation Key in Disputing Unexplained Cash Credits

Assistant Commissioner of Income Tax, Central Circle-2, Rajkot Versus M/s. Jay Enterprise

The appeal filed by the Revenue challenging the order of the Ld. CIT(A) regarding A.Y. 2009-10 focused on the interpretation of section 153A of the IT ... Assessment u/s 153A - unexplained cash credit u/s 68 - HELD THAT:- A Co-ordinate Bench in the matter of ITO vs. Apex Therm Packaging Pvt. Ltd. [2013 (5) TMI 877 - ITAT AHMEDABAD] wherein it is held that When the appellant had submitted all the documents including confirmation, name, address PAN no., copy of ledger, copy of balance sheet, copy of profit and loss account, copy of income tax returns then no addition can be made u/s 68 as the onus was fulfilled by the assessee and it was for the AO to examine and bring any material on record which may help in rebutting the onus of assessee. Since nothing incriminating document was found and seized from the premises of the assessee and during the assessment proceeding, it was noticed by the A.O. that assessee has taken loan from MTPL and assessee has satisfactorily explained the reason of the said transaction genuineness and rather source of the source was also explained. - Decided against revenue Issues:1. Interpretation of section 153A of the IT Act.2. Scope of assessment or reassessment under section 153A.3. Treatment of additions made on account of unexplained cash credit under section 68.Analysis:Issue 1: Interpretation of section 153A of the IT ActThe appeal filed by the Revenue challenged the order of the Ld. CIT(A) dated 25.11.2016 concerning A.Y. 2009-10. The primary contention was the alleged error of the Ld. CIT(A) in not appreciating the provisions of section 153A of the IT Act, which mandates bringing the total income under tax without any restrictions.Issue 2: Scope of assessment or reassessment under section 153AThe Revenue further contended that the Ld. CIT(A) erred in holding that assessment or reassessment under section 153A should be limited to incriminating materials found during the search. The dispute centered on the extent to which such assessments should be restricted based on the materials discovered during the search.Issue 3: Treatment of additions made on account of unexplained cash credit under section 68A significant aspect of the case involved the addition made on account of unexplained cash credit under section 68 of the Act amounting to Rs. 7,93,94,849/-. The appellant argued that the loan received from M/s Manaksia Trexim Pvt. Ltd. was legitimate, supported by proper banking channels, and due to financial constraints, repayment was delayed. The appellant provided necessary documentation and explanations to establish the genuineness of the transaction, including identity, creditworthiness, and the source of funds. Despite this, the A.O. made the aforementioned addition, leading to the dispute.In the absence of incriminating documents found during the search, the A.O. focused on a loan taken by the assessee from Manaksia Trexim Pvt. Ltd. The appellant successfully demonstrated the legitimacy and source of the loan, supported by relevant documents. Legal precedents were cited to emphasize that once the assessee fulfills the onus of proof, it is the responsibility of the A.O. to verify the facts and bring forth any evidence to counter the assessee's claims. The Co-ordinate Bench's decision further supported the appellant's position that when all necessary documents are submitted, including confirmations and financial statements, no addition can be made under section 68.In light of the judicial pronouncements and the factual circumstances of the case, the appeal of the Revenue was dismissed, affirming the legitimacy of the transaction and the adequacy of the appellant's explanations regarding the unexplained cash credit.Overall, the judgment underscored the importance of substantiating transactions with proper documentation and highlighted the burden on the assessing officer to refute the evidence presented by the assessee effectively.