2022 (7) TMI 552 - AT - Income Tax

Addition u/s 68 - Addition of loan - addition has been made on the assumption that the loan taken from M/s Index Securities and Research Pvt Ltd. is not genuine - HELD THAT - A perusal of the assessment order shows that nowhere the Assessing Officer nor the ld. CIT(A) have taken any adverse view in respect of documentary evidences furnished by the assessee. The entire addition has been made on the basis of statement of third parties on the basis of which the AO came to the conclusion that the assessee is a beneficiary of accommodation entries but nowhere any evidence has been brought on record to demonstrate that the assessee has in fact purchased cheques by paying cash to M/s Index Securities and Research Pvt Ltd. The assessment framed in the case of M/s Index Securities and Research Pvt Ltd. and as mentioned elsewhere the quarrel before the Hon ble High Court of Delhi conclusively proves that M/s Index Securities and Research Pvt Ltd. is an identified person having sufficient funds to lend the money to the assessee and since the transactions have been made through banking channel and as mentioned hereinabove loan taken from M/s Index Securities and Research Pvt Ltd. have been repaid by the assessee. Interest payment was subject to tax deducted at source. Considering these plethora of evidences we have no hesitation to conclude that the assessee has conclusively discharged the burden cast upon it by provisions of section 68 - We accordingly direct the Assessing Officer to delete the impugned additions from the respective Assessment Years. - Decided in favour of assessee.

Summary

Issues Involved:
1. Legality of additions under Section 153A of the Income-tax Act, 1961.
2. Genuineness of the loan taken from M/s Index Securities and Research Pvt Ltd.
3. Admissibility of evidence and burden of proof under Section 68 of the Income-tax Act, 1961.

Issue-wise Detailed Analysis:

1. Legality of Additions under Section 153A:
The assessee challenged the addition of Rs. 7,67,83,000/- made by the Assessing Officer (AO) under Section 68 of the Income-tax Act, 1961. The AO assumed that the loan taken from M/s Index Securities and Research Pvt Ltd. was not genuine. A search and seizure operation under Section 132 was carried out on KRBL Group of cases, and the assessment year 2013-14 was considered a concluded assessment year. The Tribunal referred to the legal position established by the Delhi High Court in the cases of Kabul Chawla (380 ITR 573) and Meeta Gutgutia (395 ITR 526), which held that additions can only be made based on incriminating material found during the search. Since the assessment order for 2013-14 did not reference any incriminating material found during the search, the Tribunal directed the AO to delete the addition of Rs. 7,67,83,000/-.

2. Genuineness of the Loan from M/s Index Securities and Research Pvt Ltd:
The AO questioned the genuineness of the loan taken from M/s Index Securities and Research Pvt Ltd. The Tribunal referred to the Delhi High Court's judgment in PCIT, Central -2 Vs. M/s Index Securities and Research Pvt Ltd., where the court dealt with substantial additions made by the AO for different assessment years. The Tribunal noted that the Revenue could not argue that M/s Index Securities and Research Pvt Ltd. lacked the capacity to lend Rs. 7 crores in 2013-14 and Rs. 3.85 crores in 2015-16 to the assessee. Documentary evidence showed that the assessee had repaid significant amounts to M/s Index Securities and Research Pvt Ltd. through banking channels, and interest payments were subject to tax deducted at source.

3. Admissibility of Evidence and Burden of Proof under Section 68:
The Tribunal examined the documentary evidence provided by the assessee, including repayment details through account payee cheques and tax deductions on interest payments. The AO and CIT(A) did not take any adverse view of these documents. The additions were based on third-party statements, which suggested that the assessee was a beneficiary of accommodation entries. However, no evidence was presented to show that the assessee had purchased cheques by paying cash to M/s Index Securities and Research Pvt Ltd. The Tribunal concluded that M/s Index Securities and Research Pvt Ltd. was a legitimate entity with sufficient funds to lend money to the assessee. The transactions were made through banking channels, and the assessee had repaid the loans. The Tribunal held that the assessee had discharged the burden of proof under Section 68 and directed the AO to delete the additions for the respective assessment years.

Conclusion:
The Tribunal allowed all four appeals of the assessee, directing the AO to delete the impugned additions for the assessment years 2013-14 to 2016-17. The order was pronounced in the open court on 11.07.2022.