2013 (6) TMI 659 - AT - Income Tax

Unaccounted cash credit - CIT(A) deleted addition - Held that - As decided in assessee s own case in AY 2002-03 & 2003-04 stating that assessee has submitted proper documents & credentials before the authorities below. The assessee has taken the loans from banking channel in the normal business transactions. The assessee company has paid interest on these loans during the year and also deducted TDS on the interest at stipulated rates as prescribed under the Income Tax Act. As CIT (A) has given a finding that the loans were totally repaid in subsequent years no infirmity in the order of CIT(A). In favour of assessee.

Summary

Issues: Appeal against deletion of addition u/s 68 of the IT Act for alleged unsecured loans.

Analysis:
1. Issue of Alleged Unsecured Loans: The department appealed against the deletion of an addition of Rs. 13 lac made u/s 68 of the IT Act for alleged unsecured loans taken by the assessee from two companies. The Assessing Officer treated the amount as bogus unexplained credit, but the CIT (A) deleted the addition.

2. Contentions of the Department: The department argued that the CIT (A) erred in deleting the addition, emphasizing that the Investigation Wing uncovered a money laundering operation involving the alleged share capital. They claimed the confirmation filed by the assessee did not prove the genuineness of the transactions and creditors' creditworthiness, alleging that the cheques received were not from real transactions.

3. Assessee's Defense: The assessee relied on a previous Tribunal order in their favor for a similar case, presenting documentary evidence to establish the genuineness of the transactions. The creditor companies were registered, active, and regularly filed returns, supporting the legitimacy of the loans. The CIT (A) noted the Assessing Officer's failure to refute the confirmations filed by the creditors.

4. Judicial Findings: The CIT (A) upheld the deletion of the addition, emphasizing that the Assessing Officer failed to establish the alleged undisclosed income as the assessee's own money. The Tribunal cited a previous order supporting the assessee's position, highlighting the proper documentation provided and the repayment of loans in subsequent years. The Tribunal found no infirmity in the CIT (A)'s decision and dismissed the department's appeal.

5. Conclusion: The Tribunal upheld the CIT (A)'s order, rejecting the department's appeal as lacking merit. The factual findings, documentary evidence, and repayment of loans supported the assessee's case, leading to the dismissal of the department's appeal against the deletion of the addition u/s 68 of the IT Act for alleged unsecured loans.