Umananda Rice Mill Ltd. v.Asst. CIT (2023)101 ITR 140 (Kol) (Trib)

S. 68 : Cash credits-Share capital and share premium-Investors engaged in agricultural and farming activities-All subscribers personally appeared and confirmed investments upon summons-No adverse inference drawn in remand report-Addition to be deleted.

Held, that all the investors belonged to far flung areas sans banking facilities and were primarily engaged in agricultural and farming activities. Pursuant to summons issued under section 131, all the share subscribers personally appeared before the Assessing Officer and confirmed their investments in the equity shares of the assessee besides furnishing the evidence as to the source thereof. The Assessing Officer had stated in the remand report that investors were engaged in agricultural operations and the cash deposited in the bank accounts was out of normal business operation and all had filed their Income-tax returns, balance-sheets, personal profit and loss accounts and bank statements who invested in the assessee-company by cheques and those investors who invested in the assessee’s shares in cash in small amounts had filed their voter I.D. cards, balance-sheets and confirmed the transactions and there was no bar on buying shares in cash. Nowhere in the remand report was any adverse inference drawn by the Assessing Officer of any kind whatsoever. The sole basis of investments being in cash which could not be a sole ground for making the additions. Therefore, the conclusion of the Commissioner (Appeals) that the assessee had failed to discharge the onus of proving the creditworthiness of all the creditors and genuineness of the transactions could not be accepted and the Assessing Officer was to delete the addition(AY. 2011-12)