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Facts
The assessee, an NBFC, received loans totaling Rs. 21,55,000/- from four of its shareholders, which the lower authorities treated as unexplained cash credits. The assessee contended that it had discharged its primary onus regarding the identity, genuineness, and creditworthiness of these loan creditors.
Held
The Tribunal noted that the assessee failed to establish its relationship with the lenders as shareholders or provide supporting details during prior proceedings. While acknowledging that amounts from shareholders should not be prima facie treated as unexplained cash credits, the Tribunal restored the matter to the Assessing Officer for a fresh adjudication and verification. The assessee is required to plead and prove its case, at its own risk and responsibility.
Key Issues
Whether the amount of Rs. 21,55,000/- received as loans from shareholders can be treated as unexplained cash credits, and whether the assessee discharged its primary onus of proving identity, genuineness, and creditworthiness of the lenders.
Sections Cited
143(3)
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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
O R D E R
This assessee’s appeal for Assessment Year 2013-14, arises against the order of ld. Commissioner of Income Tax (Appeals)-37, New Delhi dated 31.07.2019 in case No. CIT(A), Delhi- 37/10160/2017-18 in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short “The Act”).
Heard both parties at length. Case files perused.
Coming straightaway to the assessee's sole substantive grievance raised in the instant appeal challenging correctness of both the learned lower authorities action treating an amount of Rs. 21,55,000/- as unexplained cash credits, Mr. Bhardwaj submits that this appellant is infact a Non-banking Financial Company (NBFC) and the loans have come from four parties Sumitra Verma, narender Singh, Anubhav Chauhan and Shashi Goel; involving varying sums, who happen to be it’s shareholders. And also that it