Income Tax

Addition based on judicial precedence unsustainable without addressing factual inadequacies – ITAT

Addition based on judicial precedence in other cases unsustainable without first addressing the factual inadequacy of assessee’s explanation – ITAT

 

ABCAUS Case Law Citation:
ABCAUS 2112 (2017) (11) ITAT

The Challenge/Grievance:
The appellant assessee had challenged the correctness of the order passed by CIT(A) confirming the additions on account of unexplained deposits.

 Brief Facts of the Case:
The assessee company, during the relevant year, had received unsecured loans from its directors. The company was required to establish the identity, creditworthiness and genuineness of the transaction. The assessee in response thereto admittedly filed copies of the bank statement, copy of income tax returns and confirmations of the creditors. However the Assessing Officer (AO) made an addition of Rs. 2.50 lakhs holding that the amounts were not explained.

The addition was sustained by the CIT-Appeals.

Before the Tribunal, the assessee submitted that the explanation advanced had not been rebutted or negatively commented upon by the Assessing Officer who mechanically made the addition. It was contended that the onus caste upon the assessee stood discharged.

It was argued that the action of the AO in placing reliance on various decisions in different cases without rebutting the evidence submitted was an incorrect approach.

Observations made by the Tribunal:
The ITAT opined that once the assessee had given the copies of bank statements, copies of income tax returns and also filed confirmations of the creditors wherein no defect had been pointed out by the tax authorities, the addition relying upon judicial precedence in different cases without first addressing the factual inadequacy of assessee’s explanation cannot be sustained.

Decision/ Conclusion/Held:
The addition was directed to be deleted. 

Download Full Judgment

Share

Recent Posts

  • Income Tax

ITR was not non est for no e-verification when AO took cognizance of returned income

Return could not be said to be non est for non e-verification when AO had been taken due cognizance of…

11 hours ago
  • Income Tax

Section 43CB & ICDS-III is applicable to contractors not to real estate developers

Section 43CB read with ICDS-III is applicable to contractors and not real estate developers - ITAT In a recent judgment,…

16 hours ago
  • Income Tax

Expenses of ESOP are allowable as revenue expenditure u/s 37(1) of Income Tax Act.

Expenses incurred on ESOP are allowable as revenue expenditure u/s 37(1) of Income Tax Act – ITAT Delhi In a…

1 day ago
  • Income Tax

Compliance history of supplier can’t be used to invalidate genuine business transactions of buyer

Compliance history of supplier could not be used to invalidate the genuine business transactions of the buyer especially when the…

2 days ago
  • Income Tax

Reassessment quashed as AO issued notice u/s 148 instead of 153C as reopening was based on search

Reassessment quashed as AO issued u/s 148 instead of 153C as reopening was based on incriminating material found during search…

2 days ago
  • Empanelment

Empanelment of CA/CMA /Legal firm for FEMA & other allied services at EPIL

Empanelment of Chartered Accountants/Cost Accountant/Legal firm for FEMA & other allied services Engineering Projects (India) Ltd. has invited application for…

2 days ago