2017 (8) TMI 176 - AT - Income Tax

Revenue's Appeal Dismissed, Assessment Reopening Invalidated

DCIT, Circle 12 (1), New Delhi Versus Giri Buildwell (P) Ltd.

The Tribunal dismissed the Revenue's appeal, upholding the decisions of the ld. CIT(A) to invalidate the reopening of assessment and delete the additions ... Unexplained cash credit u/s. 68 - reopening of assessment - Held that:- The reason to believe formed by AO on the basis of alleged accommodation entries of ₹ 24,03,100/-, as contained in the information, stands collapsed, having been formed without any material on record and application of mind and accordingly, the addition so made on the basis of such unsustainable belief has rightly been deleted by the ld. CIT(A). The Coordinate Bench of Tribunal in the case of Mahadev Trading Co. (2011 (8) TMI 867 - ITAT AHMEDABAD) has held that where the Assessing Officer proceeded for reopening of assessment on non-existent and factually incorrect reasons and he did not apply independent mind on information received from DDIT(Inv.) prior to recording of reasons, the reopening of assessment in such a case was clearly invalid. We are, therefore, of the considered opinion that once it is found that the income, for which the AO had initially formed a reason to believe that it had escaped assessment, has not escaped assessment, it is not open to the AO to assess some other income. Appeal of the Revenue is dismissed Issues:1. Validity of reopening of assessment under section 147/148 of the Income Tax Act.2. Deletion of addition of Rs. 24,03,100/- on account of unexplained cash credit by way of accommodation entries.3. Deletion of addition of Rs. 2,30,57,400/- on account of share application money received from parties whose genuineness and creditworthiness was not proved.Analysis:Issue 1: Validity of Reopening of AssessmentThe Revenue appealed against the order of the ld. CIT(A) challenging the reopening of assessment under section 147/148 of the Income Tax Act for the assessment year 2001-02. The Assessing Officer had issued a notice under section 148 based on information received indicating the assessee's involvement in introducing unaccounted black money through bogus accommodation entries. The assessee contested the reopening, stating that the information was incorrect and that no such amount was received or recorded in their books. The Tribunal found that the Assessing Officer did not verify the information properly and failed to establish that the alleged entries pertained to the assessee. Consequently, the reason to believe for reopening the assessment was deemed invalid, leading to the reassessment being declared void ab initio.Issue 2: Deletion of Addition of Unexplained Cash CreditThe Assessing Officer had added Rs. 24,03,100/- as unexplained cash credit under section 68 of the IT Act. However, the ld. CIT(A) deleted this addition, citing lack of evidence to prove that the alleged accommodation entries were received by the assessee. The Tribunal concurred with the CIT(A)'s decision, emphasizing that the Assessing Officer did not provide substantial proof to link the entries to the assessee. As a result, the addition was considered unsustainable and rightfully deleted.Issue 3: Deletion of Addition of Share Application MoneyAdditionally, the Assessing Officer made an addition of Rs. 2,30,57,400/- on account of unexplained share application money. The ld. CIT(A) also deleted this addition after thorough examination. The Tribunal upheld this decision, noting that the CIT(A) had extensively analyzed the issue and found no contradictory evidence on record to justify interfering with the conclusion. The Tribunal dismissed the Revenue's appeal and confirmed the deletion of the additions made by the Assessing Officer.In conclusion, the Tribunal dismissed the Revenue's appeal, upholding the decisions of the ld. CIT(A) to invalidate the reopening of assessment and delete the additions related to unexplained cash credit and share application money. The Tribunal found no valid grounds to support the Assessing Officer's actions and confirmed the impugned order on the issues raised in the appeal.