2025 (6) TMI 948 - AT - Income Tax

Debit balance in broker's ledger cannot be treated as assessee's income under Section 68

Mr. Gaurav Sunil Mansinghani Versus Income Tax Officer, Ward 22 (1) (1), Mumbai

Mr. Gaurav Sunil Mansinghani Versus Income Tax Officer, Ward 22 (1) (1), Mumbai - TMI The core legal issue considered in this appeal is whether the debit balance of Rs. 4,33,564/- appearing in the ledger account of the broker can be treated as income of the assessee for the assessment year 2016-17.The Tribunal examined the relevant financial records and ledger accounts maintained by the broker and the assessee to determine the nature of the debit balance. The assessee, engaged in trading in Futures and Options (F&O), had filed a return declaring income of Rs. 3,71,820/-. The Assessing Officer (AO) made an addition of Rs. 4,33,564/- by treating the debit balance in the broker's ledger as income without providing any substantive reasons or explanation for such treatment. The Commissioner of Income Tax (Appeals) had dismissed the assessee's appeal ex parte.The Tribunal analyzed the ledger account of the assessee maintained in the books of the broker, which showed a running account with debit and credit entries related to F&O trading transactions. The closing balance as on 31/03/2016 was a debit balance of Rs. 4,33,563.98 with narration indicating it was an 'NSE_FNO BILL CREDIT MARGIN ENTRY FOR FO'. The Tribunal noted that this debit balance in the broker's books represented an amount receivable from the assessee, i.e., the broker was to receive this amount from the assessee.Conversely, in the books of the assessee, the corresponding amount appeared as a credit balance, indicating a liability to pay the broker. The Tribunal emphasized that the debit balance in the broker's ledger was not income but rather a reflection of the trading margin or funds due from the assessee to the broker. The ledger entries demonstrated continuous debit and credit margin entries consistent with normal trading activity, and the closing debit balance did not represent any realized profit or income.The Tribunal rejected the AO's addition on the ground that no cogent reasons were provided to treat the debit balance as income. The Tribunal's reasoning was grounded in the principle that a mere ledger balance reflecting amounts receivable or payable in the course of trading transactions cannot be construed as income unless there is clear evidence of realization or accrual of profit. The Tribunal observed that the ledger account entries clearly indicated the nature of transactions as margin credits and debits related to F&O trading, and thus the debit balance was a liability for the assessee, not income.Regarding competing arguments, the AO's unilateral addition without explanation was contrasted with the detailed ledger account and the assessee's submissions, which clarified the accounting treatment and the true nature of the debit balance. The Tribunal gave due weight to the documentary evidence and the accounting principles applicable to trading transactions in securities and derivatives.Accordingly, the Tribunal held that the addition of Rs. 4,33,563.98 was not justified and deleted the addition. The appeal of the assessee was allowed.Significant holdings include the following verbatim excerpt encapsulating the legal reasoning: 'No way a debit balance in the books of the broker can be treated as income of the assessee.' This statement underscores the core principle that ledger balances representing amounts payable or receivable in trading accounts do not constitute income unless there is a clear basis for such treatment.The Tribunal established the principle that the characterization of ledger balances must be consistent with the underlying commercial reality and accounting treatment, and that additions to income must be supported by clear evidence and reasoned explanation. The final determination was that the debit balance of Rs. 4,33,563.98 in the broker's ledger was not income of the assessee and the addition made by the AO was deleted.