2023 (1) TMI 415 - AT - Income Tax

Appellant wins appeal challenging tax additions due to lack of proof; Tribunal orders deletions

The appellant successfully challenged additions made by the Assessing Officer and upheld by the Commissioner of Income Tax (Appeals) regarding alleged ... Addition u/s 68 - unexplained cash credit - as during the course of search, certain documents were found - Assessee furnished the explanations which were not found acceptable and, therefore, AO made the additions of the amounts reflected in those documents - HELD THAT:- AR has placed on record the explanations that were submitted by the assessee before the authorities explaining the contents. The perusal of the same would reveal that assessee has inter alia given the details of the amount received, the receipt number and the details of the amount which were refunded including the cheque number and date. The explanation and the details given by the assessee has not been shown to be untrue or contrary to the facts stated before the authorities. We are of the view that assessee has discharged the onus cast upon it. As far as the presumption u/s 292C is concerned, we are of the view that the provision of section 292C is only a deeming provision. The presumption under section 292C of the Act is rebuttable presumption and the document has to be considered considering the totality of the facts of the case. The deeming provision cannot be applied mechanically ignoring the facts of the case and the surrounding circumstances. No addition of the impugned amounts is called for. We, therefore, direct the deletion of the additions made by AO and upheld by CIT(A). Thus the grounds of the assessee is allowed. Issues:1. Addition of alleged payments/deposits from others treated as undisclosed money.2. Addition of alleged receipt of money from various persons as unaccounted money.Detailed Analysis:Issue 1:The appellant challenged the additions made by the Assessing Officer (AO) and upheld by the Commissioner of Income Tax (Appeals) (CIT(A)) regarding payments/deposits from others amounting to Rs. 51,39,000. The AO considered the balance amount of Rs. 72,23,000 as the appellant's own undisclosed money introduced through old/non-existent allottees, making the addition under section 68 of the Income Tax Act, 1961. The CIT(A) restricted the addition to Rs. 51,39,000. The appellant contended that the additions were based on assumptions and unsupported by material evidence. The appellant argued that no unexplained cash credit was found in their books, and therefore, section 68 could not be invoked. The Tribunal noted that the appellant provided explanations and details of the transactions, including amounts received and refunded, which were not proven untrue. The Tribunal held that the appellant had discharged the burden of proof, and considering the rebuttable presumption under section 292C, directed the deletion of the additions.Issue 2:The second issue involved the addition of Rs. 66,31,000 as unaccounted money received from various persons. The AO based this addition on documents seized during the search, which the appellant explained as a defaulter list of allottees. The CIT(A) upheld the addition partially due to a computational error by the AO. The appellant argued that no flats were allotted to most persons listed, and the AO made the addition on suspicion without concrete evidence. The Tribunal found that the appellant provided explanations and details of transactions, which were not proven false. The Tribunal emphasized that the deeming provision under section 292C is rebuttable and should consider the totality of facts. As the appellant had fulfilled the burden of proof, the Tribunal directed the deletion of the additions. The appeal of the assessee was allowed, and the additions made by the AO and upheld by the CIT(A) were deleted.