2024 (11) TMI 1371 - AT - Income Tax

AO must redetermine peak credits under section 68 after assessees failed to prove transaction chains and credit legitimacy

ITAT Delhi remitted matter back to AO for determining peak credits under section 68 after assessees failed to follow tribunal's earlier directions to ... Determination of quantum of peak credits appearing in books of accounts/bank accounts of various assessees - HELD THAT:- As exclusively for restricting the addition u/s 68 to only the peak unexplained credit after elimination of circular transaction(s), if any, within the Group concerns. The one and only one inference that emerged from the Tribunal order [2013 (10) TMI 1522 - ITAT DELHI] is that the entire credits appearing in the books of account/bank account(s) for providing accommodation entries to beneficiaries have to be assessed in the hands of the appellants/assessees if the same was not taxed elsewhere in the hands of other business concerns of this Group involved in providing accommodation entries to beneficiaries. We find merit in the arguments of the CIT-DR. We are of the considered view that the Ld. Counsel’s argument that the peak of the bank credits has to be assesseed as per the direction of the Tribunal order dated 18.10.2013 is devoid of any merit on the simple reasoning that the bank credits are not assessable as unexplained credits u/s 68 of the Act and each accommodation entry is independent and separate transaction. Tribunal as directed the appellant/assessee to produce the evidence and demonstrate the chain of transactions before the AO during the course of remitted proceedings. Tribunal has clarified that the burden of proof to produce the evidence and demonstrate the chain of transactions, layering indulged by him in the calculation of peak credits and to prove each credit in the books of each assessee is on the appellants/assessees. However, we have noticed that the appellants/assessees, during the second round of assessment proceedings, failed to follow the directions of the Tribunal vide order dated 18.10.2013. Therefore, the AO was constraint to assess the entire credits u/s 68. Without offering any comment on merit of the case, we deem it fit to set aside the impugned orders and remit the matter back to the file of the AO for deciding the issue of peak credit in light of the above observations/ discussions/findings. In view of the decision and Tribunal order in the cases of Ordinary Financial Services Pvt. Ltd. we direct the AO to work out the commission income @ 0.50% of accommodation entries provided by the concerned assessees and to allow the consequential relief. We have taken note of the fact that the investment documents were seized from the possession of the appellant/assessee and it has to be explained by the appellant/assessee. The appellant/assessee failed to bring any material on the record to contradict the finding of the lower authorities. We therefore, do not find any fault in the finding of the Ld. CIT(A) on this score. Issues Involved:1. Taxability of entire credits as unexplained credits.2. Chargeability of commission income at 2.00%.3. Taxability of flat booking advance as unexplained investments.Issue-wise Detailed Analysis:1. Taxability of Entire Credits as Unexplained Credits:The primary issue revolves around whether the entire credits appearing in the books of accounts/bank accounts of the assessees should be taxed as unexplained credits under Section 68 of the Income Tax Act. The appellants argued that the Assessing Officer (AO) erred in taxing the entire credits instead of assessing only the peak credit as per the Tribunal's directions dated 18.10.2013. The Tribunal had previously directed the AO to restrict the addition to only the peak unexplained credit after eliminating circular transactions within the group entities. However, the AO taxed the entire credits, leading to the current dispute. The Tribunal clarified that each accommodation entry is an independent transaction and the burden of proof lies on the assessee to demonstrate the chain of transactions and prove each credit. The Tribunal found that the appellants failed to comply with these directions, which justified the AO's action of assessing the entire credits. Consequently, the matter was remitted back to the AO to reassess the peak credits in accordance with the Tribunal's earlier directions.2. Chargeability of Commission Income at 2.00%:The second issue concerns the rate of commission income to be charged on accommodation entries. The AO had determined the commission income at 2.00%, which the appellants contested, arguing for a lower rate of 0.50% based on precedents set by the Delhi High Court and the Tribunal in similar cases. The Tribunal agreed with the appellants, directing the AO to work out the commission income at 0.50% of the accommodation entries provided by the concerned assessees, thereby allowing consequential relief to the appellants.3. Taxability of Flat Booking Advance as Unexplained Investments:In the case of M/s. Tejasvi Investment P. Ltd., the issue was whether the flat booking advance of Rs. 48,59,333/- should be treated as unexplained investments. The appellant argued that these were accommodation entries and should not be taxed as investments. However, the Tribunal upheld the CIT(A)'s finding that the appellant failed to substantiate its claim with corroborative evidence. The Tribunal noted that M Tech Developers Pvt. Ltd., the alleged recipient of the accommodation entry, did not acknowledge the transaction, and the appellant could not contradict the findings of the lower authorities. As a result, the Tribunal upheld the addition under Section 69 of the Act.Conclusion:The Tribunal's decision partially allowed the appeals, directing the AO to reassess the peak credits and adjust the commission income rate to 0.50%. However, it upheld the addition concerning the flat booking advance as unexplained investments due to the lack of evidence from the appellant. The order emphasized the importance of demonstrating the chain of transactions and providing sufficient proof to substantiate claims regarding unexplained credits and accommodation entries.