Dismissal of Tax Appeal due to Unexplained Cash Credit under Income Tax Act Section 68

Pavankumar m Sanghvi Versus Income Tax Officer

Pavankumar m Sanghvi Versus Income Tax Officer - [2018] 404 ITR 601 (Guj) Issues:
1. Addition of Rs. 20 lakh as unexplained cash credit under section 68 for unsecured loan.
2. Addition of Rs. 3,66,041 made on account of interest paid on unsecured loans treated as unexplained cash credit under section 68.

Analysis:
1. The first issue revolves around the addition of Rs. 20 lakhs as unexplained cash credit under section 68 of the Income Tax Act, 1961. The Tribunal rejected the assessee's appeal based on the observation that the bank statements of the lender did not inspire faith in the genuineness of the transaction. The lender's financial statements raised doubts as they showed minimal expenses compared to a high turnover, indicating inconsistencies typical of shell entities. The Tribunal concluded that the lack of related persons' verification and the inability to explain the circumstances of the loans cast doubt on the genuineness of the transactions. The Tribunal's decision was upheld as it was based on factual evidence and lacked perversity, leading to the dismissal of the Tax Appeal.

2. The second issue pertains to the addition of Rs. 3,66,041 as interest paid on unsecured loans treated as unexplained cash credit under section 68. The Tribunal's detailed analysis highlighted discrepancies in the lender's financial activities, such as high transactions with minimal closing balances, indicating potential non-genuine transactions. Despite the assessee's claims of receiving loans through audited accounts and confirmations from lenders, the Tribunal meticulously examined the circumstances surrounding the loans and concluded that the transactions were not genuine. As a result, the Tribunal's decision to dismiss the Tax Appeal was upheld, emphasizing the importance of factual evidence in determining the authenticity of transactions under section 68 of the Act.