PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)-2 vs. DWARKA PRASAD AGGARWAL,
What did the High Court hold?
The tribunal held that the Assessing Officer did not conduct proper inquiries for Section 68 additions, and the assessee had discharged the initial onus. For Section 2(22)(e), the tribunal found the transactions sufficiently explained as commercial in nature, aligning with recent circulars and judicial precedents.
What were the facts?
The Revenue appealed ITAT's decision affirming the CIT(A)'s deletion of additions made under Section 2(22)(e) and Section 68 of the Income Tax Act. The additions were for alleged unexplained credits and amounts treated as 'deemed dividend'.
What were the issues?
Whether the lower appellate authorities erred in deleting additions made under Section 68 for unexplained credits and Section 2(22)(e) for deemed dividends, considering the AO's investigation and the nature of the transactions.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Lovely Exports (P) Ltd.854 citing216 CTR 195 · 2008 · SC
- CIT v. Raj Kumar119 citing220 CTR 639 · 2009 · HC · Read judgment
$~55,59,60,62-65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 174/2018 & CM. APPL.5526/2018 ITA 175/2018 & CM. APPL.5605/2018 ITA 176/2018 & CM. APPL.5606/2018 ITA 178/2018 ITA 179/2018 & CM. APPL.5607/2018 ITA 180/2018 & CM. APPL.5608/2018 ITA 181/2018 & CM. APPL.5609/2018
PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)-2 ..... Appellant Through Mr. Sanjay Kumar and Mr. Rahul Chaudhary, Standing Counsel.
versus
DWARKA PRASAD AGGARWAL
..... Respondent
Through None.
CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA
O R D E R %
13.02.2018
The Revenue in these appeals questions the decision of the Income Tax Appellate Tribunal (ITAT), which affirmed the appellate order of the Commissioner. It is contended that the deletion of amounts brought to tax under Section 2(22)(e) and Section 68 of the Income Tax Act, 1961 (‘the Act’) by the lower appellate authority, was erroneous.
The assessee was subjected to a search under Section 132 and ITA 174/2018
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later issued notice under Section 153A of the Act. He contested the notice and ultimately suffered several adverse orders by way of final assessment, which resulted in substantial additions. These additions primarily were on account of (a) alleged unexplained credit-brought to tax under Section 68, and, (b) the amounts secured as loan were treated as “deemed dividend” by the Assessing Officer (AO). Aggrieved, the assessee approached the CIT(A), who deleted the amounts brought to tax. Revenue unsuccessfully appealed the ITAT.
The Revenue urges that the additions made on account of income from undisclosed sources i.e. by way of suspect credits claimed by the assessee, were set aside without proper appreciation of the circumstances. It is urged that the AO relied upon the statements made by the Directors of the companies, whose credits were sought to be questioned and also upon the account statements of the said companies. As far as deletion in respect of deemed dividend brought to tax under Section 2(22)(e) is concerned, ld. counsel highlighted that the assessee was shareholder to the tune of 20% of its share capital. In these circumstances, the transactions squarely amounted to a deemed dividend – at aggregate Rs.1,08,20,000/-. These were substantial amounts for different years.
So far as the first question urged goes, this Court notices that both the appellate authorities held that the AO did not make proper enquiries. The assessee had provided the primary details such as the identify of the creditors, their bank accounts (financial soundness) and all material particulars. Thus, the initial onus cast upon the assessee ITA 174/2018 & connected matters
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in terms of the judgment of the Hon’ble Supreme Court in Commissioner of Income Tax vs. Lovely Exports, (2008) 216 CTR 195, was discharged. However, the burden which then shifted to the ITAT of probing deeper was not discharged in the present case. The AO did not make a closer scrutiny of the bank accounts or the statements provided; nor did he probe into the income tax returns of the creditor companies. The AO should not have rested content only on the statement of the Directors, but, also analysed the other details provided. In these circumstances, the concurrent findings of facts, cannot be faulted. As far as the additions made under Section 2(22)(e) goes, both the authorities held that the assessee had provided security by way of mortgage of his personal property so that M/s Pilot Industries could obtain bank loans. In lieu of that security, assessee was provided with loans. This kind of transaction though facially suspect, stands sufficiently explained. The Court also notices that the recent Board’s circular in this regard (which is dated 12.06.2017 – circular 19/2017) is based upon judicial decisions of various High Courts and has guided the Income Tax Authorities that trade advances which are in the nature of commercial transactions would not fall within the ambit of the word “advance” in Section 2(22)(e) of the Act. Furthermore, similar decisions have been rendered by various High Courts including this Court in Commissioner of Income Tax vs. Raj Kumar, (2009) 318 CTR 462, Commissioner of Income Tax vs. F. Praveen, (2008) 220 CTR 639 (Mad.) etc. ITA 174/2018 & connected matters
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The lone question urged with respect to disallowance of commission, claimed by the assessee for one year, was examined and concurrent findings returned by the Appellate Commissioner and the ITAT. In the circumstances, no question of law arises on that score. For the foregoing reasons, there is no merit in the appeals; no substantial question of law arises. The appeals are dismissed. All the pending applications also stand disposed of.
S. RAVINDRA BHAT, J
A. K. CHAWLA, J FEBRUARY 13, 2018 rc
ITA 174/2018 & connected matters
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