Income Tax Appellate Tribunal – Delhi
Carissa Investment (P) Ltd., … vs Acit, New Delhi on 22 January, 2021 IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCHES “B” : DELHI
BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER
AND
SHRI O.P. KANT, ACCOUNTANT MEMBER
ITA.No.6448/Del./2016
Assessment Year 2007-2008

M/s. Carissa Investment (P)
Ltd., New Delhi – 110 065. The ACIT,
PAN AAACC3277A vs.
[

C/o. Mr. Rajesh Dureja, Circle – 3 (1),
Advocate, 890, Dr.
Mukherjee Nagar, Delhi. New Delhi.
PIN – 110 009.
(Appellant) (Respondent)

For Assessee : Shri Mayank Patawari, C.A.
For Revenue : Ms. Nidhi Srivastava, CIT-DR

Date of Hearing : 13.01.2021
Date of Pronouncement : 22.01.2021

ORDER

PER BHAVNESH SAINI, J.M.

This appeal by assessee has been directed against

the order of Ld. CIT(A)-2, New Delhi Dated 31.08.2016 for

the A.Y. 2007-2008 on the following grounds :
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ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

1. That the order of the Ld. CIT (A) is bad in law and is

against the facts and circumstances of the case.

2. That having regard to the facts and circumstances of

the case the Ld. CIT (A) has erred in confirming the

addition made u/s 68 amounting to

Rs.36,19,25,209/- and Rs.12,29,99,000/- credited in

the names of Altar Investment (P) Ltd. and Ilac

Investment (P) Ltd. respectively.

3. That the Ld. CIT (A) has failed to take cognizance of

the bank statements of the lenders, which are

available on the record and thus has grossly erred in

upholding the addition u/s 68 simply for the reason

that the bank statements of the lenders were not

provided to her.

4. That in any case and in view of the matter, order

of Ld. CIT (A) in confirming the impugned addition

u/s 68 is bad in law and unjustified as the identity

of lenders, genuineness of transactions and

creditworthiness of the lenders have been duly

proved.”
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ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

2. We have heard the Learned Representative of

both the parties through video-conferencing and perused

the material available on record.

3. Briefly the facts of the case are that the assessee-

company has filed its return of income on 30.10.2007

declaring income of Rs.27,78,790/- in the computation of

income. The assessee-company is engaged in the business

of Investment and Trading in Shares. The A.O. noted that

assessee-company has taken loan from 11 parties in

assessment year under appeal. The A.O. issued notices

under section 133(6) of the Income Tax Act to all the parties

requiring them to furnish copy of the bank statements, PAN

etc., The A.O. noted that notices could not be served upon

M/s. Alter Investment Pvt. Ltd., [Rs.36,19,25,209/-] and

M/s. Ilac Investment Pvt. Ltd., [Rs.12,29,99,000/-

hereinafter mentioned as creditors]. The assessee-company

submitted copy of the ledger account, confirmations by the

parties along with their ITR and other details before A.O.

The A.O. without making further enquiry considered them
4
ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

as unexplained credits and made the addition in respect of

both the creditors.

3.1. The assessee-company challenged the additions

before the Ld. CIT(A) who has decided the appeal of

assessee-company vide Order Dated 09.06.2011 by deleting

the addition. The Ld. CIT(A) noted that assessee-company

has submitted copy of the ledger account of these two

parties along with their ITR, PAN along with confirmations.

Therefore, initial burden upon the assessee-company to

prove genuineness of the credits and creditworthiness of the

creditors have been proved.

3.2. The Revenue preferred an appeal before the Delhi

B-Bench, New Delhi of ITAT in ITA.No.3959/Del./2011

which was decided by the Tribunal vide Order Dated

09.05.2014 by partly allowing the Departmental Appeal. On

this ground, the Tribunal noted in its finding that assessee-

company has filed ledger of the creditors, their PAN,

confirmations. The A.O. had not shown the envelope to the

assessee and what was the report of non-service of notice
5
ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

under section 133(6) of the I.T. Act, 1961. The audited

copies of the accounts of both the creditors were also

available on record and they were having sufficient capital

with them. In these circumstances and evidences on record,

the Departmental Appeal were dismissed on this ground.

3.3. The Revenue further preferred an appeal before

the Hon’ble Delhi High Court in Income Tax Appeal No.3 of

2015 which was decided vide Judgment Dated 20.04.2015

and the matter has been remanded to the Ld. CIT(A) with a

direction to the Ld. CIT(A) that he should enquire into the

matter placed on record and should consider them. The

additional documents produced by the assessee-company

were directed to be taken on record and shall be duly

considered. The findings of the Hon’ble Delhi High Court are

reproduced as under :

“Counsel for the assessee relied upon the

findings of the CIT (A) and the ITAT and stated

that relevant details in the form of the ITRs as well

as proven identity of the parties were on the
6
ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

record. Highlighting that the credits in respect of

the parties were added from the same ledger

which was accepted in the case of the eight other

creditors, learned counsel relied upon the findings

of the CIT(A) to say that when the accounts were

accepted in respect of overwhelming number of

creditors, there was no occasion to reject the

credits of two parties. He also submitted that as a

matter of fact, relevant details in the form of

balance sheets, profit and loss statements, bank

accounts etc were part of the record which was

sought to be produced under Rule 46 (A).

This Court has considered the submissions.

From the materials which appear to have been

considered, facially, it appears that the Revenue’s

grievance is that there was nothing to support the

creditworthiness of the parties and the

genuineness of the transactions. However, that is

not the end of the matter. It is an established

matter of record that in appellate proceedings
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ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

before the CIT (A), the assessee had produced

copies of the balance sheets, profit and loss

statements and bank accounts pertaining to the

concerned parties, i.e., M/s Alter Investments Pvt.

Ltd.& M/s Iliac Investments Pvt. Ltd. This was in

addition to the extracts of its own ledger records to

say that there was regularity in the transaction

between those parties and consequently all these

credits were through normal banking transactions.

In these circumstances, we are of the opinion that

the CIT(A) could not have proceeded to adjudicate

on the rights of the parties and return the findings

that he did on the basis of the materials which

existed. Whilst, the assessee may be within its

rights in saying that additions under Section 68

were not sustainable, at least, the CIT (A) should

have enquired into the materials placed on the

record and should have duly considered them.

In the light of the above findings, the

impugned order of the ITAT and CIT (A) are set
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ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

aside. Additional documents produced by the

assessee are directed to be taken on the record

and duly considered. All rights of the parties to

urge all the contentions available to them in this

regard are reserved.

The appeal is allowed in the above terms.”

3.4. The Ld. CIT(A) in view of the above directions of

the Hon’ble Delhi High Court has re-fixed the appeal for

hearing. The Ld. CIT(A), however, confirmed the addition

vide impugned order mainly on the reasons that assessee-

company has not produced the copy of the bank statements

of both the creditors, therefore, the source of the funds

available to them could not be verified. The findings of the

Ld. CIT(A) in paras 5.1 and 5.2 of the impugned order are

reproduced as under :

5.1. In compliance of the above directions of the

Hon’ble jurisdictional High Court, the appeal

was fixed for hearing vide notice dated

15.07.2015 and subsequent notices. The AR
9
ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

of the appellant has filed a paper book

running into 96 pages, along with his

submissions and copies of ledger accounts of

M/s. Ilac Investment Pvt. Ltd. and M/s. Altar

Investment Pvt. Ltd. in the books of the

appellant for A.Ys. 2005-06 to 2010-11.

Perusal of the ledger accounts for the

assessment year under appeal i.e. for F.Y.

2006-07 reveals that M/s. Ilac Investment

Pvt. Ltd. made payments aggregating to

Rs.15,67,00,000/- to the appellant during the

year and after taking into account the

opening debit balance of 20.45 lacs and

payments made by the appellant to the

aforementioned party, it remained a creditor

of the appellant for an amount of

Rs.12,29,99,000/- at the end of the year. In

the paper book filed by the appellant before

me, there is copy of acknowledgment of ITR

for A.Y. 2007-08 of M/s. Ilac Investment Pvt.
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ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

Ltd., as per which it was having total income

of Rs.12,56,696/- only. Perusal of the copy of

the final accounts of M/s. Ilac Investment Pvt.

Ltd. for the year ended 31st March, 2007

shows total receipts of Rs.1,66,06,895/- in

the profit and loss account from profit on sale

of shares, dividend and hire charges, besides

other income of Rs.1,13,605/-. There is no

interest income but interest and financial

charges to the tune of Rs.67,05,271/- have

been debited to the profit and loss account.

As on 31.03.2007, the company had paid up

capital of Rs.5.28 crores, reserves and

surplus of Rs.5.21 crores and sundry

creditors had gone up from Rs.95.99 lacs in

the immediately preceding year to Rs.6.64

crores. Advances recoverable by the company

stood at Rs.21.02 crores as on 31.03.2007 in

which the amount recoverable of Rs.12.29

crores from the appellant is claimed to be
11
ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

included. It is beyond one’s comprehension

why a company which had to pay

interest/financial charges of Rs.67,05,271/-

did not charge a penny of interest from the

appellant or from any other party from whom

large amounts were due to it. The purpose

and nature of the transactions between M/s.

Ilac Investment Pvt. Ltd. and the appellant

have also not been explained. The paper

book available in the record of the

undersigned does not contain the bank

statement of M/s. Ilac Investment Pvt. Ltd.

and therefore, the source of funds with the

company out of which it advanced money to

the appellant could not be ascertained. It is

seen from the figures of the preceding year,

as given in the final accounts for A.Y. 2007-

08, that cash and bank balances of M/s. Ilac

Investment Pvt. Ltd. stood at Rs.1,61,191/-

only. This means that transactions of M/s.
12
ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

Ilac Investment Pvt. Ltd. to the tune of

Rs.15,67,00,000/- with the appellant

company were effected out of funds received

during the year. The sources of these funds

and whether they were received in cash or

otherwise remain unclear, in the absence of

bank statement of the party. As already

discussed above, the nature/purpose of the

transactions and why interest was not

charged by M/s. Ilac Investment Pvt. Ltd.

from the appellant company when M/s. Ilac

Investment Pvt. Ltd. itself paid

interest/financial charges of Rs.67,05,271/-

has not been explained. Therefore, I am of

the view that even after consideration of the

documentary evidence furnished by the

appellant before the CIT (A), the

creditworthiness of M/s. Ilac Investment Pvt.

Ltd. and the genuineness of the transactions

remains unproved.
13
ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

5.2. Coming to the evidences filed in respect of

M/s. Altar Investment Pvt. Ltd.,. it is

observed that the company was a creditor of

the appellant at the beginning of the F.Y.

2006- 07 to the tune of Rs.15,70,000/- and

made payments worth Rs.44,86,50,000/- to

the appellant during the year and after

taking into account some payments made by

the appellant to the company, it was a

creditor of the appellant company to the tune

of Rs.36,19,25,209/- as on 31.03.2007.

Perusal of the final accounts of the company

reveals that it had share capital of Rs.4.90

crores, reserves and surplus of Rs.2.48

crores and current liabilities and provision to

the tune of Rs.39.55 crores (which went up

steeply from Rs.34.36 lacs in the preceding

year). Against this, the appellant company

stood as its debtor for the amount of

Rs.36.19 crores. Income returned by M/s.
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ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

Altar Investment Pvt. Ltd. for A.Y. 2007-08 is

nil as per its ITR acknowledgment. No

interest is shown to have been received

during the year by M/s. Altar Investment Pvt.

Ltd. and nominal interest/financial charges

of Rs.7,028/- have been claimed in the P & L

account. Investment in shares/units as on

31.03.2007 stood at Rs.78.01 lacs (at cost)

and Rs.90,88,300/- (at face value), on which

dividend income of Rs.67.12 lacs has been

received during the year. As in the case of

M/s. Ilac Investment Pvt. Ltd., there was only

receipt of huge amount of funds by the

appellant from M/s. Altar Investment Pvt.

Ltd. during the year and part repayment to it,

resulting in M/s. Altar Investment Pvt. Ltd.

being a creditor of the appellant at the end of

the year during appeal to the tune of

Rs.36.19 crores. Once again, the bank

statement of M/s. Altar Investment Pvt. Ltd.
15
ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

has not been produced by the appellant so

that the source of heavy infusion of funds

into the appellant company during the year

(aggregating to Rs.45.02 crores) is not

known. Thus the creditworthiness of the

company, which filed a return of nil income

during the year, remains un-established.

Further, both in the case of M/s. Ilac

Investment Pvt. Ltd. & M/s. Altar Investment

Pvt. Ltd., the nature of their transactions with

the appellant company is not clear. Year after

year, there is inflow of funds from and

outflow of funds to them (without charging of

any interest), with the result that at the end

of a given year, the appellant is either a

debtor or creditor of these parties. Clearly,

these are mere accommodation entries taken

as per the requirement of the appellant.

Hence, in addition to the creditworthiness of

M/s. Ilac Investment Pvt. Ltd. & M/s. Altar
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ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

Investment Pvt. Ltd. not being proved (as per

discussion supra), the genuineness of the

transactions is also in doubt. Therefore, with

two of the three ingredients of section 68 not

being satisfied in the case of the two parties,

M/s. Ilac Investment Pvt. Ltd. & M/s. Altar

Investment Pvt. Ltd., the additions made by

the A.O. by treating credits from these parties

as unexplained cash credits u/s 68 are

upheld.”

4. The Learned Counsel for the Assessee reiterated

the submissions made before the authorities below and

submitted that the assessee-company has filed paper book

containing 96 pages before the Ld. CIT(A), copy of which is

also placed on record, which specifically shows that

assessee company filed copy of the bank statements of both

the creditors before the authorities below, copies of the

same are also available in the paper book of 96 pages filed

before the Ld. CIT(A) as well. Learned Counsel for the

Assessee also referred to copies of the confirmations, ledger
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ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

accounts, PAN, balance-sheets and bank statements of both

the creditors to show that both the creditors are having

sufficient means to give loan to the assessee-company who

are interconnected parties with the assessee-company and

these were inter-corporate loans for making further

investments. He has submitted that since all the

transactions were carried-out through banking channel,

therefore, assessee-company has proved the

creditworthiness of the creditors and genuineness of the

transaction in the matter. He has submitted that

assessment of the assessee-company for A.Ys. 2005-2006 to

2012-2013 except for A.Y. 2010-2011 were completed under

section 143(3), but, no addition on account of amount

outstanding in the names of these creditors was ever made

except for the year under consideration. He has referred to

assessment order of the assessee-company for the A.Y.

2008-2009 specifically [PB-168] and assessment orders of

both the creditors for A.Y. 2008-2009 under section 143(3)

of the Income Tax Act, 1961, copies of which are filed in the

paper book to show that these creditors were dealing with
18
ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

the assessee-company in subsequent assessment year as

well and on the same pattern of taking loan by the assessee-

company from both these creditors. The A.O. did not take

any adverse inference against the assessee-company in the

order under section 143(3) of the Income Tax Act, 1961.

Accordingly, Learned Counsel for the Assessee was directed

to file copy of the audited accounts of the assessee-company

for subsequent A.Y. 2008 2009 which is placed on record.

Learned Counsel for the Assessee, therefore, submitted that

initial burden upon the assessee to prove creditworthiness

of the creditors and genuineness of the transaction have

been discharged. Learned Counsel for the Assessee in

support of the above contention relied upon the following

decisions in the paper book.

1. PCIT vs., E Smart Systems (P.) Ltd.,
[2019] 105 taxmann.com 158 [Del.-HC].
2. PCIT vs., Hi-Tech Residency (P) Ltd.,
[2018] 96 taxmann.com 402 [Del.-HC].
3. Mod Creations (P.) Ltd., vs., ITO
[2013] 354 ITR 282 [Del.-HC].
19
ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

4. Flourish Builders & Developers (P.) Ltd., vs., DCIT
[2019] 176 ITD 409 [Del.Tribu.].
5. ACIT vs., Vikrant Puri
[2016] 47 ITR (T) 708 [Delhi-Tribu.].
6. Rajesh Bhatia vs., DCIT
[2017] 88 taxmann.com 350 [Delhi-Tribu.]
7. CIT vs., Diamond Products Limited
[2009] 177 Taxman 331 [Delhi-HC].
8. Prayag Tendu Leaves Processing Co. vs., CIT
[2017] 88 taxmann.com 23 [Jharkhand HC].
9. PCIT vs., Veedhata Tower Pvt. Ltd.,
[2018] 403 ITR 415 [Bombay-HC].

6. On the other hand, Ld. D.R. relied upon others of

the authorities below and submitted that assessee did not

prove creditworthiness and genuineness of the transaction

in the matter.

7. We have considered the rival submissions and

perused the material on record. The above matter have been

remanded by the Hon’ble Delhi High Court to the Ld. CIT(A)

to decide the issue by enquiring into the material place on

record and should consider them. The Order of the Hon’ble

Delhi High Court is reproduced above. The impugned order
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ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

of the Ld. CIT(A) is also reproduced above. The Ld. CIT(A)

confirmed the addition mainly on the reason that assessee-

company did not place on record the copy of the bank

statements of both the creditors, therefore, the source of the

funds with the assessee-company out of which it advanced

money to the assessee-company could not be ascertained

and that why the assessee-company has debited the interest

on financial charges to the profit and loss account. The

reason given by the Ld. CIT(A) are wholly incorrect and

without any basis. The findings of the Hon’ble Delhi High

Court is reproduced above, in which submissions of the

Learned Counsel for the Assessee have been recorded that

relevant details in the form of balance-sheet, profit and loss

statement, bank statements etc., are part of the record

which was sought to be produced under Rule 46A of the

Income-Tax Rules. The Hon’ble Delhi High Court in its

finding have specifically mentioned that assessee-company

has produced copy of the balance-sheet, profit and loss

statement and bank statement pertaining to both the

creditors before the Ld. CIT(A). The Ld. CIT(A), therefore,
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ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

directed to look into these additional evidences on record

and enquire into the same and dispose of the matter. The

Ld. CIT(A) has also mentioned in his findings that assessee-

company has filed paper book running into 96 pages, copy

of which is produced before us also, which contain bank

statements of both the creditors. Therefore, the whole

premise of the findings given by the Ld. CIT(A) is wholly

incorrect and baseless and it appears that the Ld. CIT(A)

without any justification has ignored the copy of the bank

statements of both the creditors already on record before

her. Thus, the finding of the Ld. CIT(A) cannot be sustained

in Law. Why the interest have been debited to the profit

and loss account has no concern whatsoever with the

ingredients of Section 68 of the Income Tax Act, 1961. Thus,

on this reason itself the Order of the Ld. CIT(A) is liable to

be set aside. However, we also consider the material and

evidences on record to consider the creditworthiness of the

creditors and genuineness of the transaction in the matter.

It is an undisputed fact that assessee-company has filed

copy of the conformations of the creditors along with their
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ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

ledger accounts, their ITRs, balance-sheets, PAN and bank

statements before the authorities below. Copy of the same

are also produced in the paper book. The Ld. CIT(A) in his

findings have specifically noted from the perusal of the

ledger account of M/s. Ilac Investment Pvt. Ltd., show that

this party has made payments aggregating to Rs.15.67

crores [PB-62] to the assessee-company during the

assessment year under appeal and after taking into the

debit balance of Rs.20.45 lakhs and the payments made by

the assessee-company to the aforesaid creditor, it remained

a creditor of the assessee-company for an amount of

Rs.12,29,99,9000/- at the end of the year. As per the ITR,

the creditor has shown net income of Rs.12,56,696/-. The

perusal of the balance-sheet of this creditor shows that the

creditor had paid-up capital of Rs.5.28 Crores, Reserve and

Surplus of Rs.5.21 crores and Secured Loans of

Rs.14,69,11,570/-. Thus, the total funds available to this

creditor were in a sum of Rs.25,18,91,314/-[PB-55]. The

name of the assessee-company is appearing in their books

of accounts against advance recovered in cash or kind [PB-
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ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

61]. Similarly, in case of M/s. Alter Investment Pvt. Ltd.,

[PB-37] the ledger account shows that it is a running

account and at the beginning of the year, the debit balance

was of Rs.15.70 lakhs and this creditor made payments

worth Rs.44,86,50,000/- to the assessee-company in

assessment year under appeal and after taking some

payments made by the assessee-company to this creditor, it

was a creditor of the assessee-company to the tune of

Rs.36,19,25,209/- as on 31.03.2007 [PB-37]. The balance-

sheet of this creditor shows it has share capital of Rs.4.90

crores, Reserve and Surplus of Rs.2.48 crores and current

liabilities and provisions to the tune of Rs.39.55 Crores [PB-

39]. The name of the assessee-company is appearing in

their books of account [PB-46]. PB-36 is reply of the

assessee-company before the Ld. CIT(A) in which assessee-

company has specifically explained that assessments of the

assessee-company have been completed under section

143(3) for the A.Ys. 2005-2006 to A.Y. 2012-2013 except for

the A.Y. 2010-2011, but, no additions have been made on

account of amount outstanding in the names of these two
24
ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

creditors and no addition was made except in assessment

year under appeal. The submissions of the assessee-

company have not been contradicted by the Ld. CIT(A)

through any evidence on record. The Learned Counsel for

the Assessee has also filed copy of the assessment orders for

subsequent A.Y. 2008-2009 of assessee-company as well as

both the creditors in the paper book under section 143(3) of

the I.T. Act. The assessee-company was also directed to file

copy of the balance-sheet for subsequent A.Y. 2007-2008

which is placed on record, which shows that even in

subsequent assessment year assessee-company has been

dealing with both these creditors and payments and loans

have been received and repayment have been made by the

assessee-company. In the case of M/s. Alter Investment Pvt.

Ltd., ending on 31.03.2008 there is a debit balance of

Rs.40,00,80,209.30ps and in case of M/s. Ilac Investment

Pvt. Ltd., through-out the year there are transactions with

this creditor and from opening credit balance of

Rs.12,29,99,000/- at the year end on 31.03.2008 there is a

debit balance of Rs.37,55,93,917.73ps. These facts would
25
ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

clearly show that both the creditors have transactions with

the assessee-company in subsequent A.Y. 2008-2009 of the

identical nature and the A.O. accepted the creditworthiness

of the creditors and genuineness of the transaction of

higher amounts of credits and no additions have been made

under section 143(3) in respect of the same creditors in A.Y.

2008-2009. Thus, the assessee-company has been able to

prove that both the creditors have availability of sufficient

funds to give loan to the assessee-company in assessment

year under appeal. Merely because income was low declared

by both the creditors, is no ground to make the impugned

addition against the assessee-company.

7.1. The Hon’ble jurisdictional Delhi High Court in the

case of CIT vs. Vrindavan Farms Pvt. Ltd., etc. ITA.No.71 of

2015 dated 12th August, 2015 (Del.), in which it was held as

under :

“The sole basis for the Revenue to doubt their

creditworthiness was the low income as reflected

in their return of income. It was observed by the

ITAT that the AO had not undertaken any
26
ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

investigation of the veracity of the documents

submitted by the assessee, the departmental

appeal was dismissed by the Hon’ble High Court.

7.2. The Ld. CIT(A) has further gone to the extent and

observing that since copy of the bank statements of the

creditors is not produced, therefore, the source of the funds

given to the assessee-company could not have been verified.

Though the observation of the Ld. CIT(A) is incorrect as

noted above because copies of the bank statements are part

of the record before her, moreover, it is well settled Law that

assessee need not be asked to prove source of the source.

We rely upon the Judgment of the Hon’ble Delhi High Court

in the case of Dwarakadhish Investment P. Ltd., [2011] 330

ITR 298 (Del.), Judgment of Hon’ble Gujarat High Court in

the case of Rohini Builders 256 ITR 360 (Guj.) and

Judgment of Hon’ble Allahabad High Court in the case of

Zafar Ahmed & Co., 30 taxmann.com 269 (Alld.).

7.3. Considering the totality of the facts and

circumstances of the case, it is clear that in the ledger
27
ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

account of both the creditors there are loans given to the

assessee-company as well as assessee paid back the

amounts to them. The debit of financial charges to the profit

and loss account is not a relevant criteria to consider under

section 68 of the Income Tax Act, 1961. Bank statements

are part of the record which also did not show if any cash

have been deposited in the bank accounts of the creditors

for giving loan to the assessee-company. Their bank

accounts clearly show that both the creditors have sufficient

funds in their bank account and all the transactions are

carried-out through banking channel only. Thus, the initial

burden upon the assessee-company to prove the

creditworthiness of the creditors and genuineness of the

transaction have been established in the matter and burden

upon assessee-company have been discharged. It may also

be noted that A.O/CIT(A) did not do anything on the

documentary evidences produced on record and no further

enquiry have been made into the matter. Since the A.O.

accepted the creditworthiness and genuineness of the

transaction with the same creditors in subsequent
28
ITA.No.6448/Del./2016 M/s. Carissa
Investment Pvt. Ltd., New Delhi.

assessment year as well, it’s stand proved on record that

there were no justification for the authorities below to make

any addition against the assessee-company. In view of the

above discussion, we set aside the orders of the authorities

below and delete the entire addition. Accordingly, appeal of

the Assessee is allowed.

8. In the result appeal of Assessee allowed.

Order pronounced in the open Court.

Sd/- Sd/-
(O.P. KANT) (BHAVNESH SAINI)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Delhi, Dated 22nd January, 2021
VBP/-
Copy to
1. The appellant
2. The respondent
3. CIT(A) concerned
4. CIT concerned
5. D.R. ITAT ‘B’ Bench, Delhi
6. Guard File.
// BY Order //

Assistant Registrar : ITAT Delhi Benches :
Delhi.

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