2019 (2) TMI 618 - AT - Income Tax

Tribunal rules in favor of real estate company in share application money dispute

The Tribunal allowed the appeal against the addition of share application money as unexplained cash credit under Section 68 of the IT Act for A.Y. ... Unexplained cash credit u/s 68 - share application money - amount was received during the earlier years - entries made during the current year for converting deposits into share application money - Held that:- The assessee has only passed a journal entry in respective parties accounts and treated the deposits as Share Application Money, which also is grouped under the head liabilities in its Balance sheet. In this connection, the assessee has placed on record the ledger account of the parties from the year in which deposits were received from them till the year under consideration when the sum was transferred to share application money. Under the circumstances, impugned sum was received by the assessee in earlier years and hence provisions of section 68 is not applicable in the case of the assessee, for the years under consideration. The assessee has filed various details viz Name and address of Parties, Confirmation and PAN No, Bank statement of Pooja Kandhari/Thakur Sen Kandhari reflecting payment made by them to assessee. Bank Statement of assessee reflecting payment received from Pooja Kandhari / Thakur Sen Kandhari and Sanjay Chhabria. Since assessee company could not allot shares to these parties it has refunded amount received from these parties in subsequent years. The assessee filed the copies of ledger A/c of subsequent years alongwith copy of bank statement reflecting payment made to these parties. No justification for the addition made by AO u/s.68. - Decided in favour of assessee. Issues:- Addition of share application money as unexplained cash credit u/s 68 of the IT ActAnalysis:1. The appeal was filed against the order of CIT(A)-53, Mumbai for A.Y. 2011-12 regarding the addition of share application money as unexplained cash credit u/s 68 of the IT Act.2. The assessee, a private limited company in real estate development, filed its return declaring a loss, which was revised later. During scrutiny assessment, the AO added share application money to the income, which was confirmed by CIT(A) leading to the appeal.3. The assessee received deposits from various parties in earlier years, which were transferred to 'Share Application Money' in the Balance Sheet for the year under consideration. The AO added the entire sum as unexplained cash credit u/s 68, which was partially upheld by CIT(A).4. The crucial issue was whether the addition u/s 68 was justified for the year under consideration, as per the provisions of Section 68 of the IT Act.5. Section 68 applies if any sum is found credited in the books of an assessee for any previous year, and if the AO is not satisfied about the nature and source, it may be charged to income tax. The share application money was not credited during the year under consideration but was received in earlier years.6. The assessee provided ledger accounts and bank statements to prove the transactions with the parties, showing refunds made in subsequent years due to unallotted shares.7. Relying on a similar ITAT Delhi Bench decision, it was argued that each assessment year is separate, and additions should not be made for receipts from earlier years.8. The assessee submitted detailed information about the parties, confirmations, PAN numbers, and bank statements to support the transactions and refunds made in subsequent years.9. After considering the contentions and evidence, the Tribunal found no justification for the addition made by the AO u/s 68 and allowed the appeal.This detailed analysis highlights the issues, arguments, legal provisions, and evidence presented in the judgment regarding the addition of share application money as unexplained cash credit under Section 68 of the IT Act.