2024 (1) TMI 1070 - AT - Income Tax

Tax Tribunal Upholds Decision: No Error in Deletion of Interest Income and Section 68 Additions, Cross Objections Dismissed.

The A.C.I.T. Circle - 2 Noida Versus M/s Presidency Infraheights Pvt Ltd. And (Vice-Versa)

The ITAT dismissed the Revenue's appeal concerning the addition of interest income as income from other sources and the addition under section 68 of the ... Revenue recognition - interest on bank deposits - Business Income OR income from other sources - proof of commencement of business - As per AO assessee has not commenced its business, thus interest earned on bank deposits was liable to be charged to Income tax as income from other sources - HELD THAT:- A perusal of the balance sheet show that the assessee was having inventories of Rs. 37.88 crores as on 31.03.2014 which was increased to Rs. 80.50 crores as on 31.03.2015. The assessee has purchased a land in Gautam Budh Nagar measuring 222.58 sq. yds. for construction of group housing duly approved by the Yamuna Expressway on 12.12.2012, which means that the business of the assessee commenced in F.Y. 2012-13. Therefore, the observation of the Assessing Officer that the assessee has not commenced its business is factually incorrect and on proper appreciation of facts, we decline to interfere with the findings of the ld. CIT(A). Ground No. 1 is dismissed. Addition u/s 68 - failure on part of assessee to submit the confirmation from the lender, proof of source of income outside India, proof of residential status or copy of passport of the lender for proving identity, genuineness and creditworthiness of the lender to pay the huge money - CIT(A) deleted addition - HELD THAT:- We have carefully perused the bank statement of Kotak Mahindra Bank belonging to Shri Owais Usmani and we find that Shri Owais Usmani is having more than sufficient balance in his bank account to make the impugned investment. Since he is 100% share holder in the company, there is no question of doubting his identity. The entire money has been remitted through proper banking channel with the approval of RBI. Therefore, the same can be safely concluded to have established the genuineness of the transaction and bank statements are showing the capacity of Shri Owais Usmani. No error or infirmity in the findings of the ld. CIT(A). Appeal of the Revenue is dismissed. Issues Involved:The judgment deals with issues related to addition of interest income as income from other sources and addition under section 68 of the Income Tax Act.Interest Income Issue:During scrutiny assessment, the Assessing Officer noted interest income on bank deposits shown under 'Business Income' which was set off against business expenses. The AO believed the business had not commenced, thus added the interest income to be taxed as income from other sources. The assessee challenged this addition, explaining the business had commenced in the previous year. The CIT(A) verified and allowed the appeal, deleting the addition.Section 68 Addition Issue:The AO observed long-term borrowings received against debentures from a shareholder, but the assessee failed to provide necessary evidence under section 68 of the Act. Consequently, the AO added the amount to the income. The CIT(A) reviewed the documents submitted, authenticated by the Indian Embassy in UAE, and deleted the addition. The ITAT upheld the CIT(A)'s decision, finding no error in establishing the genuineness of the transaction and the capacity of the lender.Conclusion:The ITAT dismissed the Revenue's appeal regarding both issues, affirming the CIT(A)'s decisions. As a result, the cross objections were deemed unnecessary. The appeal of the Revenue was dismissed, along with the cross objection.