INCOME TAX OFFICER, WARD-1, BARMER vs. CHENNA RAM TARAD, BARMER
What did the Tribunal hold?
The Tribunal held that the CIT(A) was correct in deleting the addition and allowing the appeal. The Tribunal found that the AO had not brought any adverse material to disprove the genuineness of the sales, and the mere fact that SBNs were collected, even if unauthorized, did not negate the sales or render the cash deposit unexplained.
What were the facts?
The assessee, a petrol pump dealer, deposited Rs. 1,82,76,500/- in Specified Bank Notes (SBNs) during the demonetization period. The Assessing Officer (AO) rejected the assessee's explanation of these deposits being from cash sales and added Rs. 1,33,64,500/- as unexplained income, also rejecting the assessee's books of accounts.
What were the issues?
Whether cash deposits made in SBNs during demonetization, claimed to be from cash sales, can be treated as unexplained income. Whether the assessee's books of accounts can be rejected solely on the basis of unauthorized collection of SBNs.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JODHPUR BENCH, “DB” BENCH, JODHPUR
Before: SMT. ANNAPURNA GUPTA & SHRI T. R. SENTHIL KUMAR
Per Annapurna Gupta, AM:- The present appeal has been filed by the Revenue against the order passed by the National Faceless Appeal Centre (NFAC), Delhi(hereinafter referred to as “Ld. CIT(A)”), dated 22.02.2024 under P a g e | 2 Chenna Ram Tarad Section 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”).
The grounds raised by the Revenue read as under:-
Whether in the facts and circumstances of the case ld. CIT(A) has erred in deleting the addition of Rs.1,33,64,500/- made u/s 69A on account of unexplained cash deposits in SBN in the bank, by failing to appreciate the fact that source of case deposits in the bank was claimed to be sales made in SBN during dem
The order continues below.
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