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

  • CA CS CMA

CA issuing Form 15CB not required check genuineness of documents submitted

Chartered Accountant issuing Form 15CB not required check genuineness or otherwise of documents submitted by his clients – Supreme Court…

2 hours ago
  • GST

Ongoing investigation qua absconding person, no ground to deny bail to arrested person

Ongoing investigation qua absconding person, cannot be a ground to deny bail to person against whom the investigations have been…

6 hours ago
  • Income Tax

Accommodation entry operators also obtain PAN, file ITRs, open bank account

Accommodation entry operators also routinely obtain PAN, file ITRs, and maintain bank accounts, to give a facade of legitimacy to…

8 hours ago
  • ICAI

ICAI sets up two new branches : at Morbi and Bhiwandi

ICAI sets up two new branches : at Morbi and Bhiwandi The Institute of Chartered Accountants of India (ICAI) has…

14 hours ago
  • Finance Ministry

Govt. notifies amended Protocol of India & Belgium for DTAA & Fiscal Evasion of taxes

Central Government notifies amended Protocol between India and Belgium for Avoidance of Double Taxation and the Prevention of Fiscal Evasion…

1 day ago
  • Competition Commission of India

CCI inviting applications for engagement of Young Professionals (YPs)

Competition Commission of India inviting applications for engagement of Young Professionals (YPs) The Competition Commission of India, New Delhi is…

2 days ago