2024 (12) TMI 1108 - AT - Income Tax

Unexplained unsecured loans u/s 68 - HELD THAT - Assessee has given the details related to bank statement of all the four parties who are relatives of the assessee as well as the statement showing remittance from USA and Canada including that of confirmation affidavit bank statement PAN card details and passport details of all these parties. These aspects were not taken into account by the AO as well as by the CIT(A). Hence the addition made is not justifiable. Thus appeal of the assessee is allowed.

Summary

Issues:
Appeal against addition of Capital Gain and unexplained unsecured loans under Section 68.

Analysis:
The appeal was filed against the order passed by the CIT(A) for the Assessment Year 2012-13. The assessee declared total income of Rs. 15,59,380/- in the return filed for the said assessment year. The Assessing Officer initiated proceedings under Section 147 of the Income Tax Act, 1961 after issuing a notice under Section 148. The assessee had shown income from Long Term Capital Gain and interest, among other sources. The Assessing Officer observed that the assessee, along with others, purchased land for Rs. 1,54,00,000/- and paid additional charges, leading to a total cost of Rs. 2,67,94,230/-. The Assessing Officer found discrepancies in the calculation of the share of gain from the land sale and made an addition of Rs. 1,88,429/- as suppressed gain. Additionally, the assessee claimed unsecured loans from four parties, amounting to Rs. 59,28,094/-, which the Assessing Officer found unexplained and added under Section 68 of the Act. A disallowance under Section 14A of the Act was also made.

The assessee appealed the Assessment Order before the CIT(A), where the appeal was dismissed. During the appeal, the assessee conceded to the addition under the head Capital Gain but contested the addition of unexplained unsecured loans. The assessee provided details of bank statements, remittances, confirmations, and other documents related to the loans from relatives, which were overlooked by both the Assessing Officer and the CIT(A).

After hearing both parties and examining the relevant material, the Tribunal found that the details provided by the assessee regarding the unsecured loans were not considered by the lower authorities. The Tribunal held that the addition made by the Assessing Officer was not justified and allowed the appeal of the assessee. Consequently, the appeal was allowed, and the order was pronounced on December 19, 2024.