2025 (6) TMI 1545 - AT - Income Tax

Addition u/s 69 r/w section 115BBE - unexplained investment in capital introduced by the assessee in the partnership firm - Immediate source of the capital introduced as loan received from his father HELD THAT - Assessee has satisfactorily explained the immediate source of the capital introduced as loan received from his father through regular banking channels supported by complete fund trail. The father s source has also been substantiated through sale of shares conducted on the recognized stock exchange through a registered broker. Revenue has not brought any independent material to discredit the assessee s explanation or establish that the funds represented undisclosed income of the assessee. In absence of any evidence of collusion pre-arrangement or accommodation the explanation furnished by the assessee cannot be rejected merely on suspicion. Whether or not the capital gains were correctly offered to tax in father s hands is not a subject matter before us. The limited issue under section 69 being satisfactorily explained the addition made by the AO is liable to be deleted. We hold that both the essential conditions prescribed under section 69 of the Act stand unfulfilled. The assessee has duly recorded the investment in his books of account and has satisfactorily explained the nature and source of such investment through cogent documentary evidences. AO has failed to bring on record any credible material to rebut or disprove the explanation furnished by the assessee. Mere suspicion howsoever strong cannot substitute legally admissible evidence. We thus find no infirmity in the well-reasoned order passed by the learned CIT(A) deleting the addition made by the Assessing Officer.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Tribunal in the appeal and cross-objection are:

• Whether the addition of Rs. 14,30,00,000/- under section 69 read with section 115BBE of the Income Tax Act, 1961, on account of unexplained investment in capital introduced by the assessee in the partnership firm, was justified and sustainable in law and on facts.
• Whether the assessee satisfactorily explained the nature and source of the capital introduced, including the immediate source (loan from father) and the source of source (sale of shares by the father), supported by credible documentary evidence.
• Whether the reassessment proceedings initiated under section 147 read with section 148A(b) and section 148 were valid and in accordance with statutory requirements, including the issuance of notices by competent authorities as per section 151 and compliance with relevant CBDT notifications.
• Whether the Assessing Officer's findings regarding synchronized trading, pre-arranged transactions among relatives, and layering of unaccounted funds had sufficient evidentiary basis to reject the assessee's explanation.
• Whether the conditions for invoking section 69 were fulfilled, specifically: (i) investment not recorded in books of account, and (ii) failure to satisfactorily explain the nature and source of investment.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Validity and Sustainability of Addition under Section 69 r.w.s. 115BBE

Relevant Legal Framework and Precedents: Section 69 of the Income Tax Act applies where an assessee has made an investment not recorded in the books of account and fails to satisfactorily explain the nature and source of such investment. Section 115BBE prescribes tax on unexplained investments. The Supreme Court in CIT vs. Smt. P.K. Noorjahan (1999) 237 ITR 570 established that once the assessee discharges the primary onus of explaining the source of funds by credible evidence, the burden shifts to the Revenue to disprove the explanation.

Court's Interpretation and Reasoning: The Tribunal found that the capital contribution of Rs. 14.30 crore was duly recorded in the assessee's books of account and balance sheet, which negated the first condition for invoking section 69. The assessee also satisfactorily explained the nature and source of the capital introduced as an unsecured loan from his father, supported by a complete banking trail and documentary evidence including contract notes, demat statements, broker's ledger, bank statements, share purchase documents, and income-tax returns of the father.

Key Evidence and Findings: The father's sale of shares of Asian Granito India Ltd. was conducted through a SEBI registered broker on a recognized stock exchange, with sale proceeds transferred through banking channels to the assessee, who then introduced the amount as capital in the partnership firm on the same day. The Assessing Officer's suspicion of synchronized trading and pre-arranged transactions was based on timing of trades executed within microseconds and identity of buyers being close relatives.

Application of Law to Facts: The Tribunal emphasized that mere suspicion or timing of trades without independent corroborative evidence cannot discredit a satisfactorily explained source of funds. The Revenue failed to bring credible material disproving the explanation. The Tribunal reiterated the settled principle that the burden shifts to the Revenue once the assessee furnishes credible evidence.

Treatment of Competing Arguments: The Assessing Officer's argument that the original acquisition of shares by the father was not disclosed in his income-tax returns and that some shares were sold within twelve months (affecting exemption under section 10(38)) was held irrelevant for the issue under section 69. The Tribunal observed that the correctness of capital gains taxation in the father's hands was not before it. The allegation of layering and circuitous fund movement was not supported by independent evidence.

Conclusions: Both conditions for invoking section 69 were not satisfied. The addition of Rs. 14.30 crore was unsustainable and rightly deleted by the CIT(A).

Issue 2: Validity of Reassessment Proceedings and Notices

Relevant Legal Framework: Reassessment under section 147 requires issuance of notice under section 148 by competent authority as per section 151. The Supreme Court's judgment in Union of India vs. Ashish Agarwal (2022) and CBDT Notification No. 18/2022 prescribe procedural safeguards. Section 148A(b) requires issuance of a show-cause notice before reopening.

Court's Interpretation and Reasoning: The assessee raised grounds in the cross-objection challenging the validity of reassessment notices on procedural grounds, including lack of approval under section 151 and issuance of notice by the jurisdictional AO instead of Faceless Assessment Centre as mandated by CBDT Notification.

Key Evidence and Findings: The Tribunal noted that during hearing, the assessee's authorized representative did not press these procedural grounds if the matter was adjudicated on merits.

Application of Law to Facts: Since the assessee waived the procedural objections and sought disposal on merits, the Tribunal declined to examine these grounds further.

Conclusions: Cross-objection on procedural grounds was dismissed as not pressed.

Issue 3: Allegations of Synchronized Trading and Layering of Funds

Relevant Legal Framework: The Revenue must establish collusion or pre-arrangement by independent evidence to reject genuineness of transactions. Mere timing and relationship of parties are insufficient.

Court's Interpretation and Reasoning: The Tribunal found no independent inquiry or evidence to substantiate the Assessing Officer's suspicion of synchronized trading or layering. The buyers were relatives, but no corroborative material was produced to prove pre-arrangement or accommodation entries.

Key Evidence and Findings: The entire fund flow was through banking channels with documentary trail. The Tribunal accepted the assessee's explanation and found no material to suggest the transactions were fictitious or colourable devices.

Application of Law to Facts: The Tribunal applied the principle that suspicion cannot substitute evidence and held the Assessing Officer's conclusions as conjectural.

Conclusions: Allegations of synchronized trading and layering were not substantiated and could not be basis for addition.

3. SIGNIFICANT HOLDINGS

The Tribunal made the following crucial legal determinations and observations:

"It is well settled that once the assessee discharges his primary onus of explaining the source of funds through credible documents, the burden shifts on the Department to prove otherwise. The Revenue cannot reject the explanation merely on suspicion or doubt unless contrary evidence is brought on record."

"For invoking section 69, two essential conditions must be satisfied: (i) there must be an investment made by the assessee not recorded in the books of account; and (ii) the assessee fails to offer a satisfactory explanation about the nature and source of the investment."

"In the present case, the capital contribution was duly recorded in the balance sheet submitted during assessment proceedings, which has not been disputed by the Assessing Officer. Therefore, the first precondition for application of section 69 itself fails."

"Mere suspicion, howsoever strong, cannot substitute legally admissible evidence."

"Whether or not the capital gains were correctly offered to tax in father's hands is not a subject matter before us. The limited issue under section 69 being satisfactorily explained, the addition made by the Assessing Officer is liable to be deleted."

Core principles established include the strict two-pronged test for invocation of section 69, the shifting of burden of proof once credible explanation is furnished by the assessee, and the requirement of independent corroborative evidence to reject genuineness of transactions.

Final determinations were that the addition of Rs. 14,30,00,000/- under section 69 was unsustainable and rightly deleted; reassessment notices were validly issued but procedural objections were not pressed; and allegations of pre-arranged trading and layering lacked evidentiary basis and were rejected.