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

ITAT allows exemption of Rs. 25 lakhs u/s 10(10A) to non-government employees

ITAT allowed increased exemption of Rs. 25 lakhs u/s 10(10A) to non-government employees in view of CBDT retrospective notification. In…

20 hours ago
  • Income Tax

PCIT has revisionary jurisdiction u/s 263 over the cases passed by the NFAC or the JAO

PCIT has revisionary jurisdiction u/s 263 over the cases irrespective of the fact that the relevant assessment was completed physical…

1 day ago
  • Insurance

Appellate court interfering with MACT finding must undertake reappreciation of evidence

Appellate court interfering with Motor Accidents Claims Tribunal findings on assessment of disability and loss of earning capacity must undertake…

2 days ago
  • Income Tax

When delay is not huge & involves huge monetary liability, lenient approach to be taken

When period of delay is not very huge and involve huge monetary liability on the assessee, a lenient approach should…

2 days ago
  • SEBI

EoGM of company can not ratify diversion of fund raised by preferential issue – SC

Ratification by EoGM of the company can not give legality of the diversion of the fund raised by preferential issue.…

3 days ago
  • Excise/Custom

Return of export cargo from Hormuz Strait where vessel do not lands at original port

CBIC prescribes procedures for return of export cargo from international waters due to closure of the Strait of Hormuz where…

3 days ago