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Income Tax Appellate Tribunal, CHANDIGARH BENCH “A”, CHANDIGARH
Before: SHRI N.K. SAINI & SHRI SANJAY GARG
आदेश/ORDER Per Sanjay Garg, Judicial Member :
The present appeal has been filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-3, Ludhiana [hereinafter referred to as ‘CIT(A)’], dated 23.2.2018 relating to assessment year 2013-14,
2 ITA No.527/Chd/2018 A.Y.2013-14
passed u/s 250(6) of the Income Tax Act, 1961 (hereinafter
referred to as ‘the Act’).
The assessee in this appeal has taken following
grounds:
“That order passed u/s 250(6) of the Income Tax Act, 1961 by the Ld. Commissioner of Income Tax (Appeals)-S, Ludhiana is against law and facts on the file in as much as she was not justified to uphold the action of the Ld. Assessing Officer in making an addition of Rs. 50,00,000/- on account of alleged unexplained credit in the name of M/s Sumukh Commercial Pvt. Ltd. by resort to provisions of Section 68 of Income Tax Act, 1961.” 3. Brief facts of the case are that the assessee company is
engaged in the business of dealing in investment in
securities. Return of income of the assessee had been filed
at an income of Rs.28,730/-. During the course of
assessment proceedings, from the perusal of balance sheet
filed by the assessee company for the year under
consideration, it was found by the A.O. that during the year
under consideration, the assessee had shown an amount of
Rs.50,00,000/- payable to M/s Sumukh Commercials Pvt.
Ltd. under the head ‘current liabilities’. The assessee was
asked to furnish the evidence for genuineness of transaction
and for credit worthiness and identity of the
company/person from whom an amount of Rs.50,00,000/-
was received. The assessee company was asked to file the
3 ITA No.527/Chd/2018 A.Y.2013-14
ITRs, bank statement, and audited balance sheet of the
creditors, namely M/s Sumukh Commercials Pvt. Ltd. The
counsel of the assessee produced Sh. Parveen Kumar Jain,
the director of the M/s Sumukh Commercials Pvt. Ltd.,
whose statement was recorded. In his statement he admitted
that his company had given an advance of Rs. 50,00,000/-
to the assessee, for purchase of shares of M/s Gala Finance
& Investment Limited, which were available with the
assessee concern at Rs.50 per share. Further he also stated
that due to shortage of funds, his concern did not purchase
the shares of Gala finance limited and received back the
whole amount of Rs.50,00,000/- later on. The A.O., however,
observed that the director of the company had failed to
explain the source of above said credits made in the bank
account of M/s Sumukh Commercials Pvt. Ltd. Later on the
assessee explained the immediate deposits before
transferring the amount of Rs.50,00,000/-received in the
bank account of M/s Sumukh Commercials Pvt. Ltd from
following concerns:-
S.NO. Name of the person Amount Nature of receipt from received received 1. Space Corp. Ltd. 5,00,00/- Return of inter cop deposit 2. Bipin V. Shah 10,00,000/- Return 3. Olive Overseas Pvt. 31,05,000 Sundry Ltd. receivable
4 ITA No.527/Chd/2018 A.Y.2013-14
Nakshatre Business 1,00,000/- Sundry Pvt. Ltd. receivable
The A.O. observed in the assessment order that no
books of account were produced by the creditor, even after
availing so many opportunities. In the mean time the A.O.
received an information from the DDIT(lnv.), Unit-Ill,
Mumbai, vide which it had been revealed that Olive Overseas
Pvt. Ltd. & Nakshatre Business(P) Ltd. were also paper
companies. He held that the amounts received from these
concerns could not be treated as genuine. In view of the
above facts, sources of credits in the bank account of the
creditor made immediately before transferring the amount to
the assessee, remained unexplained. In the facts of the case,
the A.O. treated the claim of the assessee company as non
genuine. Hence, the A.O. made an addition of
Rs.50,00,000/- u/s 68 of the Act to the total income of the
assessee company in view of the unexplained credits into the
account of the assessee.
The Ld.CIT(A) confirmed the addition so made by the
A.O.
Hence, the assessee has come up in appeal before us.
5 ITA No.527/Chd/2018 A.Y.2013-14
We have heard the rival contentions of both the
parties and have also gone through the orders of lower
authorities. Admittedly, the amount of Rs.50,00,000/-
received by the assessee company for sale of shares of M/s
Gala Finance & Investment Limited to M/s Sumukh
Commercials Pvt. Ltd. had been returned/paid back to M/s
Sumukh Commercials Pvt. Ltd. as the transaction did not
mature. To prove the creditworthiness of the buyer and to
prove the genuineness of the transaction, the assessee
produced before the A.O. Shri Parveen Kumar Jain, Director
of M/s Sumukh Commercials Pvt. Ltd., whose statement
was also recorded, whereby he had admitted that he had
paid Rs.50,00,000/- to the assessee company for purchase
of shares of M/s Gala Finance & Investment Limited and
further that the said money had been received back as due
to shortage of funds his concern did not purchase the
shares. The transaction was done through banking channel
and all the requisite documents to prove the genuineness of
transaction, such as copy of bank account statement,
Balance Sheet, confirmation from M/s Sumukh
Commercials Pvt. Ltd. were submitted. The Ld.Counsel for
the asssessee has also produced before us the copy of the
decision of the Tribunal in the case of M/s Gala Finance &
6 ITA No.527/Chd/2018 A.Y.2013-14
Investment Limited bearing ITA No.1170/Chd/2017 decided
vide order dated 18.1.2019 of this Tribunal. In the said
case of M/s Gala Finance & Investment Limited, the
addition was made by the A.O. doubting the payment of
Rs.57,29,425/- made by the assessee company for purchase
of shares of M/s Gala Finance & Investment Limited. The
said addition stood deleted vide order dated 18.1.2019 of
this Tribunal. The facts speaks that the assessee had made
a payment of Rs.57,29,425/- for purchase of shares of M/s
Gala Finance & Investment Limited. The assessee through
the transaction in question had intended to sell those
shares and in lieu received the amount of Rs.50,00,000/-
from M/s Sumukh Commercials Pvt. Ltd. The assessee to
prove the genuineness of the transaction as noted above,
has submitted all the requisite documents as noted above.
The transaction was confirmed by the director of the
company in his statement recorded by the A.O. Even the
director of the company has also furnished the source of
the money, which was further advanced to the assessee.
Thus the assessee has not only proved the source of the
money but has also furnished the details of source of the
source. The A.O. further doubted the source of the
source i.e. the company from which from M/s Sumukh
7 ITA No.527/Chd/2018 A.Y.2013-14
Commercials Pvt. Ltd. received the amount, which was utilized to advance the money to the assessee, for that, in our view, no adverse inference can be drawn against the assessee as there is no evidence on the record that it was the own money of the assessee, which was routed through the aforesaid companies. Under these circumstances, the addition in this case has been made on the basis of suspicion, whereas the primary/initial burden, which was upon the assessee, has been duly discharged by the assessee. In view of this, we do not find any justification on the part of the lower authorities in making/confirming the impugned addition in the hands of the assessee, the same is accordingly ordered to be deleted.
In the result, the appeal of the assessee is hereby allowed.
Order pronounced in the Open Court on 04.06.2019.
Sd/- Sd/- एन. के. सैनी संजय गग� (N.K. SAINI (SANJAY GARG ) उपा�य�/ Vice President �याय�क सद�य/ Judicial Member �दनांक /Dated: 4th June, 2019 *रती*
8 ITA No.527/Chd/2018 A.Y.2013-14
आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to :
अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकर आयु�त/ CIT 4. आयकर आयु�त (अपील)/ The CIT(A) 5. �वभागीय ��त�न�ध, आयकर अपील�य आ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड� फाईल/ Guard File
आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar