The present appeal was filed by the Revenue before
the Income Tax Appellate Tribunal, Mumbai Bench “B”, challenging the order of
the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, for
Assessment Year 2022-23.
The assessee, a limited liability partnership
engaged in real estate development, filed its return of income declaring NIL
income. The case was selected for scrutiny primarily on account of high
liabilities reflected in the balance sheet vis-à-vis negligible income and
substantial loan and advance positions. Due to alleged non-compliance during
assessment proceedings, the Assessing Officer completed the assessment under
Section 143(3) read with Section 144B of the Income Tax Act, 1961.
The Assessing Officer observed that the unsecured
loan balance had reduced from ₹62.29 crore as on 31.03.2021 to ₹13.82 crore as
on 31.03.2022. Treating the difference of ₹48.47 crore as repayment of loans
allegedly made outside the books, the AO made an addition under Section 69A,
holding the same as unexplained money.
In appellate proceedings, the assessee furnished a
reconciliation explaining that the difference comprised three distinct
components: fresh unsecured loans availed during the year, repayment of
existing loans, and reclassification of certain loan balances from “unsecured
loans” to “other payables” without any movement of funds. Additional evidences
were admitted by the CIT(A) after calling for a remand report from the
Assessing Officer.
Upon examination, the CIT(A) held that unsecured
loans amounting to ₹9.38 crore were fully supported by documentary evidence
establishing identity, creditworthiness, and genuineness. In respect of a
balance amount of ₹53.15 lakh, where requisite evidence was not furnished, the
addition was confirmed. With regard to loan repayments of ₹7.36 crore, it was
found that the repayments were either effected through banking channels or
adjusted against sales duly recorded in the books, and therefore no adverse
inference was warranted.
As regards the major portion of ₹51.01 crore, the
CIT(A) held that the same represented mere regrouping of existing liabilities
from “unsecured loans” to “other payables” in the books of account. Since there
was no inflow or outflow of funds and the balances were already reflected in
earlier audited financial statements, the addition under Section 69A was
deleted.
The Tribunal, after examining the records, upheld
the findings of the CIT(A). It held that a mere difference between opening and
closing balances of unsecured loans cannot, by itself, justify an addition
under Section 69A. Where the assessee is able to demonstrate that the
difference arises from fresh loans, explained repayments, and accounting
reclassification without movement of funds, the same cannot be treated as
unexplained money.
The Tribunal further observed that each loan
transaction must be examined independently and the confirmation of addition in
respect of certain unexplained loans does not invalidate other transactions
which are duly supported by evidence.
Accordingly, finding no factual or legal
infirmity in the order of the CIT(A), the appeal of the Revenue was dismissed.
SOURCE LINK: https://itat.gov.in/public/files/upload/1767608100-5Zwpr3-1-TO.pdf
Disclaimer
This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content. The material has been prepared with the assistance of AI tools.
0 Comments
Leave a Comment