Case Law Details
Vijay Suresh Dave Vs DCIT (ITAT Mumbai)
In the case of Vijay Suresh Dave Vs DCIT, the dispute arose from an addition to the assessee’s income under section 68 of the Income Tax Act, 1961, pertaining to unexplained loans. The appellant, Vijay Suresh Dave, challenged the order of the Commissioner of Income Tax (Appeals) [CIT(A)] dated 19/06/2023 for the assessment year 2012-13.
The appellant raised several grounds of appeal, contesting the addition of Rs. 79,44,162/- as the closing balance of an old loan and additions to an old loan received during the year. The Assessing Officer (AO) had added the entire amount of the unsecured loan as income under section 68 of the Act, citing the lack of details or explanations regarding the identity, creditworthiness, and genuineness of the transactions.
Before the CIT(A), the appellant submitted additional evidence, including confirmation letters from loan creditors and bank statements, to substantiate the genuineness of the loans. However, the CIT(A), after perusing the evidence and remand report from the AO, upheld the addition, stating that the appellant had failed to prove the identity, creditworthiness, and genuineness of the loan transactions.
The appellant appealed to the Tribunal, arguing that loans borrowed in previous years could not be added as income in the current year under section 68. The Tribunal concurred, stating that additions under section 68 could only be made in the year in which the cash credit was received, and not in subsequent years. Therefore, the AO’s addition pertaining to loans obtained in earlier years was deemed incorrect.
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