2022 (5) TMI 264 - AT - Income Tax

Appellate Tribunal overturns Rs. 12,00,000 cash credit addition under Income Tax Act

Ras Concepts Pvt. Ltd. Versus I.T.O., Ward-3 (1) (3), Ahmedabad.

Ras Concepts Pvt. Ltd. Versus I.T.O., Ward-3 (1) (3), Ahmedabad. - [2022] 95 ITR (Trib) 46 (ITAT [Ahm]) Issues Involved:- Addition of Rs. 12,00,000 as accommodation entry under section 68 of the Income Tax Act, 1961.Detailed Analysis:Issue 1: Addition of Rs. 12,00,000 as accommodation entry under section 68 of the Income Tax Act, 1961The case involved an appeal by the Assessee against the order of the Commissioner of Income Tax (Appeals) confirming the addition of Rs. 12,00,000 as unexplained cash credit under section 68 of the Act for the Assessment Year 2012-2013. The Assessing Officer treated the unsecured loan obtained by the Assessee as non-genuine based on a search and seizure operation revealing the involvement of a company in providing accommodation entries. The Commissioner upheld the addition, noting discrepancies in the documents provided by the Assessee and the involvement of the company in accommodation entries.The Assessee contended that they had received and repaid a loan of Rs. 6,00,000 during the year, with double entries in the bank statement due to a failed repayment. The Assessee argued that the genuineness of the transaction should not be doubted solely based on the other party's activities. The Assessee also raised the issue of lack of opportunity for cross-examination. The Revenue, however, supported the lower authorities' decision.The Appellate Tribunal considered the evidence, including bank statements and RTGS details, confirming the receipt and repayment of Rs. 6,00,000. The Tribunal noted the absence of verification by the Revenue regarding the loan amount and repayment. Referring to a previous court decision, the Tribunal emphasized that payment and repayment through account payee cheques indicate genuine transactions. The Tribunal highlighted that the Revenue failed to disprove the Assessee's claims with documentary evidence.Furthermore, the Tribunal discussed the deeming provisions of Section 68 of the Act and emphasized that both credit and debit entries should be considered in totality, especially when repayment of the loan is established. The Tribunal concluded that the Assessee's transactions, though not entirely free from doubt, did not warrant the addition made by the lower authorities. Therefore, the Tribunal directed the Assessing Officer to delete the addition, allowing the Assessee's appeal.In conclusion, the Tribunal found in favor of the Assessee, emphasizing the importance of considering all transactions holistically and verifying claims with documentary evidence before deeming them as income under Section 68 of the Income Tax Act, 1961.