2018 (3) TMI 1189 - AT - Income Tax

ITAT upholds CIT(A)'s decisions on disallowances & additions, stresses thorough AO investigations (A)

Assistant Commissioner of Income-Tax Versus M/s. Shyam Indus Power Solutions Pvt. Ltd.

Assistant Commissioner of Income-Tax Versus M/s. Shyam Indus Power Solutions Pvt. Ltd. - [2018] 62 ITR (Trib) 512 Issues Involved:1. Disallowance under section 14A of the Income Tax Act, 1961.2. Addition under section 68 of the Income Tax Act, 1961 for unexplained cash credit.3. Disallowance of interest payments on alleged bogus loans.4. Legality of additions made in absence of incriminating material.Issue-wise Detailed Analysis:1. Disallowance under section 14A of the Income Tax Act, 1961:For both AY 2012-13 and AY 2013-14, the Assessing Officer (AO) disallowed expenses under section 14A read with Rule 8D, despite the assessee not earning any exempt income during these years. The Commissioner of Income Tax (Appeals) [CIT(A)] deleted these disallowances, relying on the decision of the Delhi High Court in Cheminvest Ltd. vs. CIT, which held that no disallowance under section 14A can be made if no exempt income is earned. The Income Tax Appellate Tribunal (ITAT) upheld the CIT(A)'s decision, confirming that the AO's disallowance was not justified as the assessee did not earn any exempt income.2. Addition under section 68 of the Income Tax Act, 1961 for unexplained cash credit:For AY 2012-13 and AY 2013-14, the AO made additions under section 68 for unexplained cash credits from both Kolkata based and non-Kolkata based companies. The CIT(A) deleted these additions after verifying that the assessee had provided sufficient evidence such as names, addresses, PAN details, bank statements, income tax returns, and confirmations from the investor companies. The CIT(A) found that the AO did not conduct any further inquiry or investigation to discredit these documents. The ITAT upheld the CIT(A)'s decision, noting that the AO failed to make any inquiry into the documents provided by the assessee and relied solely on the inspector's report, which was not relevant to the companies in question. The ITAT emphasized that the AO must conduct thorough investigations and cannot make additions based on presumptions and assumptions.3. Disallowance of interest payments on alleged bogus loans:For AY 2012-13 and AY 2013-14, the AO disallowed interest payments on loans deemed bogus under section 68. The CIT(A) deleted these disallowances, reasoning that since the additions under section 68 were deleted, the interest disallowances should also be deleted. The ITAT upheld the CIT(A)'s decision, confirming that the interest disallowances were not justified as the loans were found to be genuine.4. Legality of additions made in absence of incriminating material:The assessee raised a ground in their cross-objections that no incriminating material was discovered during the search, and therefore, no additions were warranted. The ITAT did not find it necessary to adjudicate this ground separately, as the main issues were decided in favor of the assessee, leading to the deletion of the additions.Conclusion:The ITAT dismissed the appeals filed by the Revenue for both AY 2012-13 and AY 2013-14, upholding the CIT(A)'s decisions to delete the disallowances under section 14A, the additions under section 68, and the disallowances of interest payments. The cross-objections filed by the assessee were partly allowed, supporting the CIT(A)'s decisions. The ITAT emphasized the importance of the AO conducting proper inquiries and investigations before making additions under section 68.