PRAMAASK CONGLOBE PVT. LTD.,MUMBAI vs. ITO - 13(1)(4), MUMBAI
What did the Tribunal hold?
The Tribunal restored the issues of unsecured loans and freight expenses to the Assessing Officer for fresh examination, granting the assessee an opportunity to provide further details. The addition related to other expenses was confirmed as the assessee did not press the issue.
What were the facts?
The assessee, engaged in import/export of iron ores, filed its return of income. The Assessing Officer completed the assessment to the best of his judgment due to non-response to notices, making various additions. The CIT(A) partly allowed the appeal, leading to this further appeal by the assessee.
What were the issues?
Whether the assessee had sufficiently proved the genuineness of unsecured loans and freight expenses, and if an opportunity should be granted for further evidence.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” Bench, Mumbai
Before: Shri B.R. Baskaran (AM) & Shri Ramlal Negi (JM)
O R D E R Per B.R. Baskaran (AM) :
The appeal filed by the assessee is directed against the order dated 25.8.2016 passed by the learned CIT(A)-21, Mumbai and it relates to A.Y. 2012-13. The assessee is aggrieved by the decision rendered by the learned CIT(A) on following issues :- (a) Addition made u/s. 68 of the Act ` 11 lakhs (b) Disallowance of freight expenses ` 22.50 lakhs (c) Disallowance of other expenses ` 1.28 lakhs (d) Addition of cash deposited into bank account ` 34.39 lakhs
We have heard the parties and perused the record. The assessee is engaged in the business of import and export of iron ores. It filed its return of income for the year under consideration declaring a total income of ` 20.01 lakhs. Since the assessee did not respond to the notices issued by the Assessing Officer, the AO completed the assessment to the best of his judgment by making various additions. In the appellate proceedings, the 2 Pramaask Conglobe Pvt. Ltd.
learned CIT(A) allowed the appeal in part. Still aggrieved, the assessee has filed this appeal before the Tribunal.
First issue relates to addition made u/s. 68 of the Act. The Assessing Officer assessed unsecured loan of ` 73.33 lakhs u/s. 68 of the Act. The learned CIT(A) granted the relief to the extent of ` 62.33 lakhs and confirmed ` 11 lakhs on the reasoning that the assessee has failed to prove the genuineness of loan taken by it. The Learned AR submitted that the assessee had taken loan of ` 9 lakhs from Shri Jagdish P. Rafal and loan of ` 2 lakhs from Shri M. S. Bhavan. The assessee furnished confirmation letters obtained from both these creditors and has also shown that these loans were received through banking channel. He submitted that during the assessment proceedings, the Assessing Officer accepted these confirmation letters and did not ask for any other material and hence the assessee was of the view that confirmation letters furnished by it would suffice requirement of the Assessing Officer. He submitted that the learned CIT(A), on the contrary, has confirmed the addition without calling for further details, which the assessee could have provided if called for. Accordingly he submitted that the Ld CIT(A) was not justified in confirming the addition of ` 11 lakhs. He submitted that the assessee would be in a position to furnish required details, if an opportunity is given to it.
We have heard learned DR and perused the record. According to Ld A.R, the assessee was under the impression that the confirmation letters filed would suffice the requirements of sec. 68 of the Act, though it is the duty of the assessee to prove the three main ingredients relating to cash credits. Since the assessee is seeking one more opportunity for the reasons quoted by him, in the interest of natural justice, we are of the view that assessee may be provided with one more opportunity to prove the cash credit of ` 11 lakhs. Accordingly, we set aside the order passed by the learned CIT(A) on this issue and restore the same to the file of the Assessing Officer for examining it afresh.
3 Pramaask Conglobe Pvt. Ltd.
Next issue relates to disallowance made out of freight expenses. The Assessing Officer made adhoc disallowance of 5% of freight expenses on the reasoning that the assessee did not furnish evidence in support of the same. The learned CIT(A) also confirmed the same. The Learned AR submitted that the assessee has incurred huge expenses towards freight charges and sample vouchers were produced before the Assessing Officer in the assessment proceedings. He submitted that the assessee would be in a position to furnish all the required evidences, but it was not called for by AO during remand proceedings. He submitted that these facts were brought to the notice of Ld CIT(A), but still the learned CIT(A) has confirmed the addition. He submitted that the assessee would be in a position to furnish all required details, if an opportunity is given to it.
We have heard learned DR and perused the record. Since the assessee is seeking one more opportunity to furnish the required details, in the interest of natural justice, we are of the view that the assessee may be provided with one more opportunity to produce all required details. Accordingly, we set aside the order passed by the learned CIT(A) on this issue and restore the same to the file of the Assessing Officer for examining it afresh.
The Ld A.R did not press addition relating to disallowance of ` 1.28 lakhs made out of other expenses and hence order passed by the learned CIT(A) on this issue is confirmed.
The last issue relates to addition of cash deposits of ` 34.39 lakhs made into bank account. The case of the assessee is that deposits have been made out of cash balance available in the books of account and hence no addition is called for. He submitted that the tax authorities have made this addition without referring to the books of account.
We have heard learned DR on this issue. We find merit in the contentions of the assessee. If cash deposits have been made into the bank
4 Pramaask Conglobe Pvt. Ltd. account out of cash balance available in the books of account and if cash deposits are duly reflected in regular books of account maintained by the assessee, then no addition in this regard is called for. Since this aspect requires verification, we set aside the order passed by the learned CIT(A) on this issue and restore the same to the file of the Assessing Officer with the direction to examine the claim of the assessee, If it is found that the cash deposits have been made out of cash balance available in the regular books of account, then no addition is called for. The AO may accordingly take appropriate decision.
In the result, the appeal filed by the assessee is treated as allowed for statistical purposes. Order has been pronounced in the Court on 17.7.2018.
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