2019 (1) TMI 1877 - AT - Income Tax

Reopening of assessment u/s.148 - addition on account of share capital and premium u/s.68 and addition on account of unexplained expenditure for obtaining the accommodation entry - HELD THAT - Assessing Officer in the reasons for reopening of the assessment has also mentioned above information regarding accommodation entries of bogus purchases through bills without any delivery of goods by M/s. Maa Durga Trading Company. However in the assessment order no such addition have been made by the Assessing Officer because nothing adverse was found against the assessee. Payment for purchase could not be regarded escaped income u/s.148 of IT Act. AO without verifying an information against the assessee merely acted on suspicion against assessee. The Assessing Officer without application of mind recorded the reasons for reopening of assessment. No specific material has been brought on record to justify reopening of the assessment therefore Assessing Officer has not validly assumed jurisdiction u/s.148 of the IT Act for reopening of the assessment in the matter. The documentary evidence filed on record also proved that assessee proved identity of the investor company its creditworthiness and genuineness of the transaction in the matter. There was thus no justification to make any addition against the assessee. No evidence have been brought on record if assessee paid any amount as commission etc. for obtaining any accommodation entry. The issues are therefore covered by order of A.P. Refinery Pvt. Ltd. 2016 (5) TMI 55 - ITAT CHANDIGARH . The decisions cited by ld. D.R. in the written submission would not support case of the Revenue. Appeal of the assessee is allowed.

Summary

Issues Involved:
1. Reopening of assessment under Section 148 of the Income Tax Act.
2. Addition of Rs. 18,00,000/- on account of share capital and premium under Section 68 of the Income Tax Act.
3. Addition of Rs. 36,000/- on account of unexplained expenditure for obtaining accommodation entry.

Detailed Analysis:

Reopening of Assessment under Section 148 of the Income Tax Act:
The assessee challenged the reopening of the assessment for the Assessment Year 2009-10, arguing that it was based on incorrect information and without proper application of mind by the Assessing Officer (AO). The AO had initiated the proceedings based on information from the Investigation Wing regarding financial transactions involving the assessee. However, the assessee contended that similar information had been used in previous years (2004-05 and 2005-06) where the income was accepted after verification. The Tribunal noted that the reasons for reopening were based on the statement of Shri Tarun Goyal, which did not mention the assessee. The Tribunal found that the AO acted on suspicion without verifying the information, thereby invalidating the jurisdiction under Section 148.

Addition of Rs. 18,00,000/- on Account of Share Capital and Premium under Section 68 of the Income Tax Act:
The AO made an addition of Rs. 18,00,000/- under Section 68, citing that the investor company, M/s. Tauraus Iron and Steel Co. Pvt. Ltd., was not found at the given address and was controlled by Shri Tarun Goyal, who allegedly provided accommodation entries. The assessee provided substantial evidence, including the share application form, confirmation from the investor company, bank statements, and balance sheets, to prove the identity, creditworthiness, and genuineness of the transactions. The Tribunal found that the AO did not apply his mind and acted on incorrect information, as there was no cash deposit in the investor company's account before the investment. The Tribunal referenced a similar case (A.P. Refinery Pvt. Ltd. vs. Additional CIT) where the reopening was quashed, and the addition was deleted. Consequently, the Tribunal deleted the addition of Rs. 18,00,000/-.

Addition of Rs. 36,000/- on Account of Unexplained Expenditure for Obtaining Accommodation Entry:
The AO also made an addition of Rs. 36,000/- for unexplained expenditure incurred for obtaining accommodation entry. The Tribunal noted that no evidence was brought on record to prove that the assessee paid any commission or incurred any expenditure for obtaining accommodation entries. The Tribunal found that the AO's actions were based on suspicion without any specific material evidence. Therefore, the Tribunal deleted the addition of Rs. 36,000/-.

Conclusion:
The Tribunal quashed the reopening of the assessment under Section 148, finding that the AO did not apply his mind and acted on incorrect information. The Tribunal also deleted the additions of Rs. 18,00,000/- and Rs. 36,000/- on merits, concluding that the assessee had sufficiently proved the identity, creditworthiness, and genuineness of the transactions, and no unexplained expenditure was incurred. The appeal of the assessee was allowed in its entirety.