2025 (1) TMI 1481 - AT - Income Tax

Assessee fails to prove loan creditors' creditworthiness despite submitting affidavits and documents, matter remanded for verification

The ITAT Cuttack dismissed the assessee's challenge to the AO's jurisdiction in examining unsecured loans during limited scrutiny assessment. The tribunal ... Addition on account of unsecured loans taken under limited scrutiny - procedure of converting the limited scrutiny assessment to the completed scrutiny - HELD THAT:- Since the assessee has not shown any income/loss from share transaction business in her return of income filed and further no details were filed with respect of the investment made in the share transactions business, in our opinion, the AO was well within the jurisdiction for examining the investments as they were not disclosed by the assessee which include the source thereof and identity, genuineness and creditworthiness of the transaction. When the AO has reason to examine the issue of investment it covers all the aspects related to it i.e. source. As the assessee stated that investments were made out of loans taken, the AO has left with no other option but to examine these loans and it is the duty of assessee to establish the genuineness and creditworthiness of such loan creditors. We are not inclined to accept the argument of the ld. AR that the AO has exceeded his jurisdiction without following the procedure of converting the limited scrutiny assessment to the completed scrutiny. Accordingly, this ground of appeal i.e. Ground No.1 of the assessee is dismissed. Addition on account of loans taken by the assessee for making investments in the share business - We find that the assessee has submitted the affidavits and other documents which were also submitted before the AO during the course of hearing, however, besides filing these details no further evidence such as their return of income etc were filed to prove the creditworthiness of the loan creditors. It is also seen that a sum of Rs. 21 lakhs was received by the assessee from her husband Shri Pradipta Kumar Pradhan and the immediate source of the same is explained as withdrawals from the bank account where he has taken loan against the property. All these facts need to be verified and considered by the AO, who has not made any comment on such evidences filed by the assessee. Therefore, we set aside the issue to the file of AO to make necessary verification of the loan credits and if needed, necessary summons to be issued to such loan creditors as has been held in the case of Odisha Corporation (P) Ltd. [1986 (3) TMI 3 - SUPREME COURT] Thus, this ground of appeal is partly allowed for statistical purposes. Issues Presented and ConsideredThe primary issues considered in this appeal were:1. Whether the Assessing Officer (AO) exceeded his jurisdiction in a limited scrutiny case by making an addition of Rs. 44,00,000 under Section 68 of the Income Tax Act, 1961, without converting the assessment to complete scrutiny as per the procedures outlined in the relevant CBDT instructions.2. Whether the addition of Rs. 44,00,000 made by the AO on account of loans taken by the assessee for making investments in the share business was justified.Issue-wise Detailed AnalysisIssue 1: Jurisdiction of the AO in Limited ScrutinyThe legal framework governing limited scrutiny cases, as per CBDT instructions, restricts the AO to only examine the issues for which the case was selected unless the scrutiny is converted to complete scrutiny with prior approval. The appellant argued that the AO exceeded his jurisdiction by making an addition under Section 68 without following the due procedure for converting the scrutiny. The appellant cited several precedents, including National Thermal Power Co. Ltd. v. CIT and Siksha 'O' Anusandhan vs. Commissioner of Income-tax, to support the argument that jurisdictional issues can be raised at any stage.The Court found that the AO was within his jurisdiction to examine whether the investments and income from share transactions were disclosed by the assessee. The AO's inquiry into the source of investments was deemed necessary, as the assessee failed to declare any income or loss from share transactions in the return filed. The Court concluded that the AO did not exceed his jurisdiction as the examination of the source of investment was integral to the issues selected for limited scrutiny.Issue 2: Addition of Rs. 44,00,000 under Section 68The appellant contended that the AO's reliance on the ledger statement from Kotak Securities Ltd. to make the addition under Section 68 was misplaced, as such statements are not considered books of accounts of the assessee. The appellant provided affidavits, PAN cards, and AADHAR cards of the loan creditors to establish their identity and argued that the initial onus of proving the genuineness and creditworthiness of the loans was discharged.The Court noted that the AO had treated Rs. 44,00,000 out of Rs. 68,50,000 as unexplained cash credit, as the assessee failed to provide sufficient evidence of the creditworthiness of the loan creditors. The Court emphasized that the AO should have verified the evidence provided by the assessee, such as the affidavits and bank statements, and issued necessary summons to the loan creditors. Therefore, the Court set aside the issue to the file of the AO for further verification and directed that the assessee be given a reasonable opportunity to present additional evidence.Significant HoldingsThe Court held that the AO was within his jurisdiction to examine the source of investments in a limited scrutiny case, as it was related to the issues selected for scrutiny. The Court emphasized that examining the source of investment is essential to determine whether the investments and income from share transactions are duly disclosed.On the issue of the addition under Section 68, the Court concluded that the AO failed to adequately verify the evidence provided by the assessee regarding the loans. The Court directed the AO to re-examine the evidence and issue necessary summons to the loan creditors, thereby allowing the appeal partly for statistical purposes.The Court's decision underscores the importance of adhering to the procedural requirements for converting limited scrutiny to complete scrutiny and highlights the necessity for the AO to conduct thorough verification of evidence before making additions under Section 68.