2024 (11) TMI 632 - AT - Income Tax

Revenue's appeal rejected as lending companies proved financial capacity and genuine business transactions for unsecured loans under section 68

DCIT, Central Circle-30, New Delhi Versus M/s Sarena Pvt. Ltd. And (Vice-Versa)

ITAT Delhi dismissed revenue's appeal challenging CIT(A)'s deletion of addition under section 68 for unsecured loans treated as unexplained cash credits. ... Addition u/s 68 - unsecured loan/unexplained cash credits - HELD THAT:- All the companies have responded to the notices issued u/s 133 (6) of the Act before the Assessing Officer and substantiated before him that they are earning substantial interest on loan which is evident from the audited profit & loss account submitted before the AO. Assessee also recorded the abovesaid unsecured loan in its books of account and paid interest by duly deducting TDS as applicable on the payment of interest. CIT(A) observed that the above terms of lending unsecured loan to the assessee is real business transactions and cannot be treated as accommodation entries. Further, he observed that assessee also submitted year-wise profit & loss account of the of the abovesaid companies i.e. lender companies before the authorities and further assessee has demonstrated that assessee has paid the relevant interest on the borrowed money which is close to the market rate and also duly deducted TDS. It is also observed by the CIT (A) that the assessee has repaid abovesaid borrowed loan in subsequent years. AO has conveniently ignored all these facts. It is also brought to our notice that all the above transactions were duly recorded in the books of account and there is no undisclosed cash credit involved in these transactions even though AO proceeded to disallow the same u/s 68 of the Act. After considering the overall facts on record, we do not see any reason to disturb the finding of the ld. CIT (A). Accordingly, ground no.1 raised by the Revenue is dismissed. Issues Involved:1. Reopening of assessment under Section 147 of the Income-tax Act, 1961.2. Addition of unexplained cash credits under Section 68 of the Income-tax Act.3. Addition of unexplained commission under Section 69C of the Income-tax Act.4. Reliance on statements and evidence from third parties, particularly the statements of Shri Pradeep Kumar Jindal.5. Creditworthiness and genuineness of transactions involving unsecured loans.Detailed Analysis:1. Reopening of Assessment under Section 147:The Revenue reopened the assessment based on information received from the Investigation Wing, which suggested that the assessee received accommodation entries amounting to Rs. 3.11 crores from companies controlled by Pradeep Kumar Jindal. The Assessing Officer issued notice under Section 147, believing that income had escaped assessment. The assessee challenged this reopening, but the Commissioner of Income-tax (Appeals) [CIT(A)] dismissed the jurisdictional issue raised by the assessee regarding the reopening.2. Addition of Unexplained Cash Credits under Section 68:The Assessing Officer treated Rs. 2.65 crores received as unsecured loans from certain companies as unexplained cash credits, citing the assessee's failure to prove the identity, creditworthiness, and genuineness of the transactions. The CIT(A), however, deleted this addition on merits. The CIT(A) noted that the companies involved had sufficient creditworthiness and were engaged in lending on interest. The companies responded to notices and provided confirmations and financial statements. The CIT(A) emphasized that the transactions were real business transactions, not accommodation entries, and the assessee had paid interest and deducted TDS appropriately. The tribunal upheld the CIT(A)'s decision, finding no reason to disturb the findings.3. Addition of Unexplained Commission under Section 69C:The Assessing Officer added Rs. 5,30,000 as unexplained commission, assuming the assessee paid a commission for accommodation entries. The CIT(A) deleted this addition, considering the deletion of the addition under Section 68. The tribunal also dismissed the Revenue's ground regarding this addition, aligning with the CIT(A)'s findings.4. Reliance on Statements and Evidence from Third Parties:The Revenue's case heavily relied on statements from Pradeep Kumar Jindal, which were not confronted to the assessee, nor was the assessee given an opportunity for cross-examination. The CIT(A) and tribunal noted that the sole reliance on such unconfronted statements could not justify the additions. The tribunal referred to judicial precedents, emphasizing that statements alone, without corroborative material, cannot substantiate the additions.5. Creditworthiness and Genuineness of Transactions:The CIT(A) and tribunal examined the creditworthiness of the lending companies, noting that they were engaged in legitimate business activities and had sufficient financial standing. The companies confirmed the transactions, and the assessee provided necessary documentation, including profit and loss accounts, to substantiate the genuineness of the transactions. The tribunal observed that the Assessing Officer failed to provide specific reasons for rejecting the explanations in the assessment years under appeal, while similar explanations were accepted in previous years.Conclusion:The tribunal dismissed the Revenue's appeals for both assessment years 2015-16 and 2016-17, upholding the CIT(A)'s order to delete the additions made by the Assessing Officer under Sections 68 and 69C. The cross objections filed by the assessee were deemed infructuous and dismissed. The tribunal's decision was pronounced in the open court on October 22, 2024.