2024 (7) TMI 23 - AT - Income Tax

Assessee fails to prove identity and creditworthiness of investors under Section 68 for Rs. 45 lakh share application money

Mecon Engineering Services Private Limited C/o. Gomati Enterprises Versus The Income Tax Officer-1 (1), Raigarh (C.G.)

Mecon Engineering Services Private Limited C/o. Gomati Enterprises Versus The Income Tax Officer-1 (1), Raigarh (C.G.) - TMI Issues Involved:1. Addition of Rs. 50,00,000/- under Section 68 of the Income-tax Act, 1961 on account of share application money.Issue-wise Detailed Analysis:1. Addition of Rs. 50,00,000/- under Section 68 of the Income-tax Act, 1961 on account of share application money:The assessee company filed its return for A.Y. 2015-16, declaring an income of Rs. 1,26,400/-. During scrutiny assessment, the Assessing Officer (A.O) observed that the assessee claimed to have received Rs. 50,00,000/- as share application money from seven parties. Summons were issued to verify the genuineness of these transactions. Six out of seven parties appeared and their statements were recorded under Section 131 of the Act. The A.O noted that the bank statements of these six persons showed immediate cash deposits before the investments, raising doubts about their financial creditworthiness. Consequently, the A.O added the entire amount of Rs. 50,00,000/- as unexplained cash credit under Section 68 of the Act.Upon appeal, the Commissioner of Income-Tax (Appeals) [CIT(A)] upheld the A.O's decision, stating that the assessee failed to establish the identity, creditworthiness, and genuineness of the transactions. The CIT(A) emphasized that merely claiming the A.O erred in making the additions was insufficient without verifiable evidence.The assessee further appealed to the Appellate Tribunal ITAT Raipur. The Tribunal examined the statements and financial documents of each investor:A. Shri Munesh Kumar Pandey (Rs. 4,00,000/-):The assessee failed to produce this investor before the A.O, and thus, his identity and the investment remained unsubstantiated. The Tribunal upheld the addition as unexplained cash credit.B. Shri Mahavir Prasad Agrawal (Rs. 8,00,000/-):Despite admitting the investment in his statement, there was no substantial evidence to verify the authenticity and source of the investment. The Tribunal upheld the addition.C. Smt. Shanti Devi Agrawal (Rs. 8,00,000/-):Her return of income showed meager earnings, and she denied making any investment with the assessee company in her statement. The Tribunal upheld the addition.D. Shri Ajay Kumar Agrawal (Rs. 5,00,000/-):He expressed unawareness about the investment in his statement, and his financial documents did not inspire confidence. The Tribunal upheld the addition.E. Shri Vikash Agrawal (Rs. 5,00,000/-):Though he admitted the investment and explained the source as accumulated savings from the sale of paddy husk, the Tribunal found the claim unsubstantiated by documentary evidence. The Tribunal remanded the matter back to the A.O for verification.F. Shri Dinesh Kumar Agrawal (Rs. 10,00,000/-):His financial documents revealed meager income, and he failed to provide a plausible explanation for the cash deposits preceding the investment. The Tribunal upheld the addition.G. Smt. Mani Devi Kedia (Rs. 10,00,000/-):Her financial documents showed meager income, and the cash deposits preceding the investment raised doubts. The Tribunal upheld the addition.The Tribunal concluded that the assessee failed to discharge the onus under Section 68 of the Act to explain the nature and source of the investments satisfactorily. Hence, the additions made by the A.O were largely upheld, except for the case of Shri Vikash Agrawal, which was remanded for further verification.Conclusion:The appeal was partly allowed for statistical purposes, with the Tribunal upholding the majority of the additions under Section 68 of the Act, except for one case remanded for further verification.