The debit entry cannot be added under Section 68 as it speaks about “Cash Credit” and not for debits entries
In a recent judgment, ITAT has deleted addition u/s 68 on the alleged cash credit holding that when a debit entry in the books can not be added under Section 68 of the Income Tax Act, 1961.
ABCAUS Case Law Citation:
ABCAUS 3951 (2024) (04) ITAT
In the instant case, the assessee had challenged the order passed by the CIT(A), NFAC in confirming addition of Rs. 50,00,000/- on account of unsecured loan given treated alleged unexplained cash credits under section 68 of the Income Tax Act, 1961 (the Act).
The case of assessee was reopened u/s 148 of the Act on the basis of information received from Investigation Wing that one party had received unsecured loan from certain entities. The name of assessee was also shown in such unsecured loan availed by the said party and his group.
The Assessing Officer added such unsecured loan in the income of assessee, which was allegedly given by the assessee to the said third party. The additions were made under Section 68 of the Act.
The CIT(A) upheld the addition made by Assessing Officer by taking a view that the assessee failed to discharge the onus required under Section 68 of the Act.
Before the Tribunal, the assessee contended that as per case of assessing officer, the assessee had paid unsecured loan and not availed. The debit entry cannot be added under Section 68 of the Act. The assessee had paid loan to the third party as recorded in the assessment order.
It was submitted that the language of Section 68 of the Act speaks about “Cash Credit” and not for debits entries. Even otherwise, such addition cannot be made against the assessee on any other sections, as such debit entries were duly reflected in the books of the assessee.
Thus, it was prayed that the entire addition which was based on erroneous assumption was liable to be deleted.
The Tribunal opined that there was merit in the submission of the assessee that there was no credit in the books of assessee which could be added under Section 68 of the Act. Rather the entry of unsecured loan was in the form of debit entry. It was not the case of Assessing Officer that the assessee had made advance/unsecured loan which is not recorded in the books of assessee.
Accordingly, the appeal was allowed.
Download Full Judgment ABCAUS 3951 (2024) (04) ITAT Click Here >>
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