2002 (9) TMI 245 - AT - Income Tax

Court upholds deletion of cash credits under section 68 for assessment year 1991-92 citing additional evidence.

Assistant Commissioner Of Income-Tax. Versus SS. Pharmaceuticals (P.) Ltd.

Assistant Commissioner Of Income-Tax. Versus SS. Pharmaceuticals (P.) Ltd. - ITD 087, 119, TTJ 088, 588, Issues:Appeal against deletion of cash credits under section 68 of the Income-tax Act for assessment year 1991-92. Admission of fresh evidence before CIT(A) violating Rule 46A of I.T. Rules. Compliance with notices and justification for deletion of addition.Analysis:1. The Assessing Officer added unexplained cash credits as income under section 68 of the Income-tax Act due to lack of details and explanations provided by the assessee regarding the nature and source of the credits. The CIT(A) admitted additional evidence, including affidavits and medical certificates, supporting the genuineness of transactions and creditworthiness of creditors. The CIT(A) accepted the reasons for not filing the affidavits before the Assessing Officer and deleted the addition based on the evidence presented.2. The revenue challenged the admission of fresh evidence before the CIT(A), alleging a violation of Rule 46A of the Income-tax Rules. However, the CIT(A) provided an opportunity to the Assessing Officer to object to the additional evidence, and objections raised by the Assessing Officer were considered and overruled. The CIT(A) found the reasons presented by the assessee for not furnishing evidence earlier to be reasonable, thus justifying the admission of additional evidence.3. The Assessing Officer contended that the assessee did not comply with notices and failed to provide necessary details, questioning the validity of the deletion of cash credits. However, the CIT(A) upheld the deletion based on the satisfactory explanation provided by the assessee, supported by medical certificates and affidavits. The CIT(A) found no merit in the revenue's arguments and dismissed the appeal, emphasizing that the Assessing Officer's objections were adequately addressed during the proceedings.In conclusion, the CIT(A) upheld the deletion of cash credits under section 68 for the assessment year 1991-92, based on the admission of additional evidence and the satisfactory explanations provided by the assessee. The revenue's appeal challenging the deletion was dismissed, as the CIT(A) found no grounds for interference in the order. The judgment highlights the importance of justifying the admission of additional evidence and providing reasonable cause for non-compliance with notices in tax assessment proceedings.