2021 (9) TMI 650 - AT - Income Tax

Addition u/s 68 - credit balances outstanding as on 31.03.2011 in respect two creditors - HELD THAT - Ledger accounts along with other documentary evidence were produced before the CIT(A) for which the Assessing Officer in his remand report never doubted the genuineness. In-fact the two parties regarding which the outstanding balances were pending has been written back by the assessee and was offered to tax in Assessment Year 2014-15. The purchases as well as the corresponding sale were also accepted by the Assessing Officer. Therefore this addition was based only on the assumption and surmises which cannot sustain under the law. - Decided in favour of assessee. Addition on account of exchange rate fluctuation loss - Non affording any opportunity to the assessee for explaining the nature and justification for the allowability - HELD THAT - The loss suffered by the assessee on account of the exchange difference on the particular date is indicated in the balance sheet and the same is an item of expenditure u/s 37(1) of the Income Tax Act 1961. It is an allowable expenditure. In-fact no adjustment on account of provisions u/s 43A of the Act was reported by the tax auditor in schedule relating to depreciation in Form 3CA-CD. These facts were not disputed by the Revenue authorities and are clearly revenue in nature. Therefore Ground No. 2 is allowed.

Summary

Issues:
1. Addition of credit balance outstanding under section 68 of the Income Tax Act.
2. Disallowance of exchange rate fluctuation loss.
3. Charging of interest under sections 234A and 234B of the Act.

Issue 1: Addition of Credit Balance Outstanding under Section 68:
The appeal was filed against the addition of credit balance outstanding under section 68 of the Income Tax Act. The assessee failed to provide confirmations from two creditors, leading to the addition. The assessee argued that these creditors were genuine and regular trading parties, providing evidence of business relations. The CIT(A) called for a remand report, but the Assessing Officer did not consider the additional evidence. The Tribunal found that the addition was based on assumptions and surmises, as the outstanding balances were written back and taxed in a subsequent year. The Tribunal allowed the appeal, stating that the addition was not sustainable under the law.

Issue 2: Disallowance of Exchange Rate Fluctuation Loss:
The second issue concerned the disallowance of exchange rate fluctuation loss without providing an opportunity for the assessee to explain. The assessee argued that the loss was revenue in nature and should be allowed under section 37 of the Act. The Tribunal agreed, noting that the loss was indicated in the balance sheet and was an allowable expenditure under section 37(1) of the Income Tax Act. The Tribunal allowed this ground of appeal as well.

Issue 3: Charging of Interest under Sections 234A and 234B:
The judgment did not provide detailed analysis or discussion regarding the charging of interest under sections 234A and 234B of the Act. Therefore, no specific outcome or decision was mentioned in the judgment related to this issue.

In conclusion, the Tribunal allowed the appeal of the assessee concerning the addition of credit balance outstanding under section 68 and the disallowance of exchange rate fluctuation loss. The Tribunal found that the additions made by the Assessing Officer were not sustainable under the law, leading to the favorable decision for the assessee on both grounds of appeal.