9911796707
|
Home
Issues Involved:
1. Addition of Rs. 6,20,000 u/s 68 of the Income-tax Act. 2. Charging of interest u/s 234A and 234B of the Income-tax Act. Summary: Issue 1: Addition of Rs. 6,20,000 u/s 68 of the Income-tax Act The assessee, engaged in manufacturing copper wire, faced an addition of Rs. 6,20,000 on account of unexplained credits u/s 68. The CIT(A) set aside the issue and restored it to the Assessing Officer (AO) for fresh consideration. The assessee contested this before the Tribunal, arguing that the addition should be considered in the hands of the partners, not the firm. The Tribunal initially upheld the CIT(A)'s order but did not address the assessee's second ground. Upon a Miscellaneous Application, the Tribunal agreed to re-adjudicate the issue. The assessee argued that the capital was introduced by a partner, Shri M.K. Jain, through loans from 68 parties, and the firm should not be held responsible. The Tribunal, after considering various High Court decisions, concluded that if the capital account of the partners is credited and no satisfactory explanation is provided, the addition u/s 68 can be made in the hands of the firm. The Tribunal dismissed the assessee's appeal on this ground. Issue 2: Charging of interest u/s 234A and 234B of the Income-tax Act The assessee argued that the AO erred in law and on facts by charging interest u/s 234A and 234B without a specific order. The Tribunal noted that the AO's direction to "charge interest as per rules" was not valid for charging interest under these sections, as held by the Hon'ble Patna High Court in Uday Mistanna Bhandar & Complex v. CIT. The Tribunal concluded that the AO was not justified in charging interest u/s 234A and 234B without specific directions and deleted the interest charged. This ground of appeal was allowed in favor of the assessee. Conclusion: The appeal was partly allowed, with the addition u/s 68 upheld and the interest charged u/s 234A and 234B deleted.
|
