2019 (3) TMI 146 - AT - Income Tax

Appeal granted for de novo assessment due to lack of opportunity, emphasizing genuine transactions and creditworthiness.

Dreamland Vintrade Pvt. Ltd. Versus Income-tax Officer, Wd. 6 (1), Kolkata

Dreamland Vintrade Pvt. Ltd. Versus Income-tax Officer, Wd. 6 (1), Kolkata - TMI Issues Involved:Confirmation of addition of unexplained cash credit under section 68 of the Income-tax Act, 1961.Detailed Analysis:1. Background and Assessment Proceedings:The appeal was filed against the order of Ld. CIT(A)-7, Kolkata for AY 2010-11. The main issue was the addition of Rs. 8,97,65,750 as unexplained cash credit under section 68 of the Act. The assessment was completed u/s 147/143(3) of the Act, which was set aside by the CIT u/s 263 for lack of proper inquiries regarding the identity and creditworthiness of shareholders. The AO initiated reassessment proceedings and added the amount as unexplained credit.2. Assessee's Contentions and AO's Investigation:During reassessment, the AO added the amount as unexplained credit due to lack of verification of share capital and premium. The AO issued summons but no investors appeared for examination. The AO raised doubts about the genuineness of transactions. The AR argued that the assessee was not given proper opportunity to discharge the burden of proof under section 68.3. Judicial Precedents and Tribunal's Observations:The Tribunal noted the lack of proper opportunity given to the assessee during reassessment. Citing the Tin Box Company case, it emphasized the importance of providing a reasonable opportunity to the assessee. Referring to a similar case, the Tribunal highlighted the need for thorough investigation as directed by the CIT to determine the identity and creditworthiness of shareholders.4. Remand Order and Legal Precedents:Considering the precedents and lack of proper opportunity, the Tribunal set aside the CIT(A)'s order and remanded the matter to the AO for de novo assessment. The decision was in line with the Tin Box Company case and the Delhi High Court's ruling in a similar matter. The Tribunal emphasized the importance of conducting a detailed inquiry to establish the genuineness of transactions and creditworthiness of parties.5. Conclusion:The Tribunal allowed the appeal for statistical purposes and directed the AO to conduct a fresh assessment after giving the assessee a proper opportunity to present evidence and clarify the issues raised. The decision was based on the principles of natural justice and the need for a thorough investigation to ensure the correctness of the assessment.This detailed analysis highlights the key aspects of the judgment, including the background of the case, the contentions of the parties, the Tribunal's observations, the legal precedents cited, and the ultimate decision to remand the matter for fresh assessment.