2014 (7) TMI 1289 - AT - Income Tax

Addition u/s 68 - Creditworthiness & Genuineness of the loan creditors when all the loan creditors are Income Tax Assessee holding Valid Permanent Account Number - Held that - The assessee has submitted all the required relevant details. The assessee has also submitted confirmation of the loan creditors copies of their Income tax returns and their balance sheets. We agree with the submissions of the ld. Counsel of the assessee that income of that particular year cannot be the only criteria for the capacity of the loan given. A perusal of the loan amounts reveal that the loan amounts were not large amounts and hence it cannot be presumed that person filing return showing a smaller income cannot have any saving. We find that when the details of the loan creditors PAN nos. and their Income tax returns were available to the AO the ratio of the above judgment mandates that the addition cannot be made without making any enquiry from the AO of the loan creditors. Furthermore the assessee has submitted all the necessary details. The loan amounts are individually not large amounts. Under these circumstances it cannot be presumed that the loan creditors did not have the capacity to make that loan. In these circumstances respectfully following the decision cited above we set aside the orders of the authorities below and decide the issue in favour of the assessee.

Summary

Issues:
Addition of loan amounts to the income of the assessee based on creditworthiness and genuineness of the loan creditors.

Detailed Analysis:

Issue 1: Creditworthiness and Genuineness of Loan Creditors
The Assessing Officer (AO) added a sum of Rs. 21,45,000 to the income of the assessee for the assessment year 2007-08, as cash credits, claiming they were loans from various parties. The assessee provided details of loan creditors, including their PAN numbers, income tax returns, and balance sheets. However, the AO was not convinced and doubted the creditworthiness of the loan creditors, leading to the addition of the entire sum to the assessee's income.

Issue 2: Appeal Before CIT(A)
The assessee appealed to the Commissioner of Income Tax (Appeals) [CIT(A)], who upheld the AO's decision. The CIT(A) noted that the loans were mostly given from cash deposits in the creditors' bank accounts, without explaining the source of these deposits. Additionally, the income shown in the creditors' returns was insufficient to support the loans. The CIT(A) emphasized that the burden of proving the genuineness of transactions lay with the assessee, and in the absence of such proof, the AO was justified in treating the loans as undisclosed income under Section 68 of the Income Tax Act, 1961.

Issue 3: Tribunal Decision
The case was then brought before the Appellate Tribunal in Kolkata. The Tribunal observed that the assessee had indeed provided all necessary details, including confirmations from the loan creditors and their financial documents. The Tribunal agreed with the assessee's argument that the income of the particular year should not be the sole criterion for assessing the capacity to provide loans. Referring to a relevant High Court decision, the Tribunal emphasized that if the creditor is an income tax assessee, the Assessing Officer should verify the genuineness of the transaction with the creditor's Assessing Officer before disregarding the creditor's return. Since the loan amounts were not substantial, the Tribunal concluded that the loans were plausible, and thus set aside the lower authorities' orders, ruling in favor of the assessee.

In conclusion, the Appellate Tribunal allowed the appeal of the assessee, emphasizing the importance of considering all relevant factors beyond just the income of the loan creditors and ensuring proper verification before adding loan amounts to the assessee's income.