KALYANI REFINERIES LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-2(1), HYDERABAD
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the lower authorities erred in treating the unsecured loan as unexplained cash credit. The loan was from family members, and their details were on record.
What were the facts?
The assessee treated an unsecured loan of Rs. 6,40,000/- as unexplained cash credit. The Assessing Officer and CIT(A) upheld this addition, stating the assessee failed to produce confirmation or prove the identity of the creditors.
What were the issues?
Whether the unsecured loan from family members, with supporting documentation on record, can be treated as an unexplained cash credit.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, HYDERABAD BENCHES : BENCH “A” HYDERABAD
Before: SHRI S.S. GODARA & SHRI L.P. SAHU
For Assessee: Shri P. Murali Mohan Rao, AR For Revenue: Shri Sunil Kumar Pandey, D.R. Date of Hearing : 24/02/2021 Date of Pronouncement : 21/05/2021 O R D E R PER S.S. GODARA, J.M. This assessee’s appeal for AY 2013-14 arises from CIT(A)-2 Hyderabad’s order dated 04.12.2018 passed in case no. 10058/2016-17 involving proceedings u/s 143(3) of the Income Tax Act, 1961 for short ‘the Act’.
Heard both the parties. Case file perused.
We notice at the outset that the assessee’s sole substantive grievance raised in the instant appeal challenges correctness of both lower authorities action treating unsecured loan of Rs.6,40,000/- as unexplained cash credits u/s 68 of the Act. The Assessing officer’s assessment order dated 24.3.2016 held that neither the assessee could produce confirmation nor could it prove identity of the creditor parties. The CIT(A) has also upheld the Assessing officer’s action.
We have given our thoughtful consideration to rival contentions. It emerged during the course of hearing that the impugned sum represents Rs.4,00,000/- and Rs.2,40,000/- from Dr. VV Subba Rao and Smt VV Kalyani whose returns of income, PANs, ledger accounts already form part of the records before the CIT(A). And also that the said two creditor parties are family members of the assessee’s /promoter’s family only. We conclude in this view of the fact that such kind of unsecured loans coming from the directors or promoter’s family members involving smaller amounts cannot be altogether ruled out and more so when the Assessing Officer before us has simply brushed aside all the corresponding details after alleging that assessee had not even proved identity of the loan creditors. We, therefore, hold that both the lower authorities have erred in law and on facts in making the impugned unexplained cash credit addition of Rs.6,40,000/-. The same is directed to be deleted.
This assessee’s appeal is allowed.
Pronounced in Open Court on 21st May, 2021.
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