HOOGRAJULI (ASSAM) TEA CO. LTD.,KOLKATA vs. DCIT, CIRCLE - 4(1), KOLKATA

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ITA 10/KOL/2019Status: DisposedITAT Kolkata13 March 2020AY 2012-132 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the identity of the loan creditor (the Director) was proven, and he had a current account with the company with a debit balance. The Director was also assessed to tax, satisfying the conditions for identity, genuineness, and creditworthiness.

What were the facts?

The assessee company appealed an addition of ₹6,50,000 made by the CIT(A) for AY 2012-13. The addition was for a loan taken from the company's Director, which the CIT(A) found was not satisfactorily explained.

What were the issues?

Whether the loan received from the Director was satisfactorily explained to avoid addition under Section 68 of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA

Before: Shri J. Sudhakar Reddy & Shri S.S. Godara]

order

: March 13th, 2020 ORDER

Per J. Sudhakar Reddy, AM:

1.

This is an appeal filed by the assessee directed against the order of the Commissioner of Income Tax (Appeals)-2, Kolkata [‘CIT(A)’ for short] dated 02.11.2018 u/s 250 of the Income Tax Act, 1961 (‘the Act’ for short) for AY 2012-13.

2.

None appeared on behalf of the assessee. There was neither any application for adjournment. Under these circumstances we dispose off this case ex-parte on merits. 3. Heard the ld. DR. The only addition sustained by the ld. CIT(A) is an amount of ₹6,50,000/- being loan taken from the Director of the assessee company, Sh. Suresh Kumar Kanoi on the ground that the credit has not been satisfactorily explained. 4. In our view the identity of the loan creditor is proved, as he is the Director of the assessee company. Moreover, the Director is having a current account with the company. He had a debit balance of ₹11,39,000/- as opening balance at the beginning of the year and during the year, he had advanced ₹6,50,000/- to the company. The Director of the assessee company, Sh. Suresh Kumar Kanoi is assessed to tax. On these facts we delete the addition made u/s 68 of the Act, on the ground that the assessee has satisfactorily proved the identity, genuineness and creditworthiness.

Assessment Year: 2012-13 Hoograjuli (Assam) Tea Co. Ltd. 5. In the result, this appeal of the assessee is allowed. Kolkata, the 13th March, 2020.

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