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Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Sardul Singh ITA 697/2014 IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE Before Shri Kul Bharat, Hon’ble Judicial Member and Shri Manish Borad, Hon’ble Accountant Member
ITA No. 697/Ind/2014 A.Y. 2009-10 Sardul Singh Bhopal ::: Appellant Vs ITO 1(2) Bhopal ::: Respondent Appellant by Shri N.D. Patwa Respondent by Shri K.G. Goyal Date of hearing 5.6.2018 Date of pronouncement 8.6.2018
O R D E R PER SHRI MANISH BORAD, AM
This appeal of the assessee relating to the
assessment year 2009-10 is directed against the order of
the Commissioner of Income Tax (Appeals)-I, Bhopal, dated
26.8.2014 which is arising out of the order u/s 143(3) of
the Act dated 28.12.2011 framed by the ITO 1(2), Bhopal.
Sardul Singh ITA 697/2014 2. In this appeal the assessee has taken the following
grounds :-
“On the facts and in the circumstances of the case, the
learned CIT(A) erred in confirming the addition
ofRs.3,75,500/- being cash deposited in HDFC Bank
during F.Y. 2008-09 without considering the explanation
offered by the appellant properly and without
considering the fact that the said deposit was made out
of cash withdrawals from the appellant’s bank account
with ICICI Bank and Punjab National Bank on various
dates.
Thus, the order of the ld. CIT(Appeal) confirming the
addition of Rs. 3,75,500/- is unjust, unfair and bad in
law and thus deserves to be quashed.”
Briefly stated, the facts, as culled out from record, are
that the assessee is an individual engaged in the business
Sardul Singh ITA 697/2014 of transportation. Income of Rs. 25,493/- is declared in the
return of income filed on 30.3.2010. The case selected for
scrutiny. Notices u/s 143(2) and 142(1) of the Act were
duly served upon the assessee. The assessee was carrying
on transportation business having four trucks and income
was offered u/s 44AE of the Act as the assessee was not
required to maintain regular books of accounts. However,
the Assessing Officer called for information about the total
turnover as well as cash deposited in various bank
accounts. However, the Assessing Officer mentioning
reason that the assessee has not supplied necessary
information completed the assessment after making
addition by applying net profit rate of 10% thereby making
the addition of Rs. 1,74,480/- and also making the
addition of Rs. 3,75,500/- as undisclosed income for the
alleged cash deposited in HDFC Bank Ltd. The income
assessed at Rs. 8,04,910/-. The assessee took the matter
Sardul Singh ITA 697/2014 before the learned Commissioner of Income Tax (Appeals)
and partly succeeded as the learned Commissioner of
Income Tax (Appeals) deleted the addition of Rs. 1,74,480/-
by accepting the assessee’s plea of being covered u/s 44AE
of the Act relating to presumptive income. As regards the
addition of Rs.3,75,500/- the assessee filed complete
details mentioning that the source of deposit in HDFC
Bank Limited was from regular cash withdrawals from
other banks accounts maintained with ICICI Bank and
Punjab National Bank. However, the learned learned
Commissioner of Income Tax (Appeals) confirmed the
addition of Rs. 3,75,500/-.
Now the assessee is in appeal before the Tribunal
raising sole grievance against the addition of Rs.
3,75,500/- confirmed by the learned Commissioner of
Income Tax (Appeals).
Sardul Singh ITA 697/2014 5. The learned counsel for the assessee referring to the
submissions made before the lower authorities as well as
the paper book showing details of income as well as bank
accounts, submitted that the assessee’s business is of
plying trucks. The receipts are through account payee
cheques which are deposited in ICICI Bank, HDFC Bank
and Punjab National Bank. The assessee used HDFC bank
credit card for paying diesel charges and for this reason
cash was regularly withdrawn from ICICI and Punjab
National Bank and deposited in HDFC Bank. He further
mentioned that for the year under consideration a sum of
Rs. 2,93,000/- and Rs. 1,19,000/- was withdrawn from
ICICI Bank and Punjab National Bank respectively which
aggregated to Rs. 4,12,000/- and was the source of the
cash of Rs. 3,75,500/- deposited in HDFC Bank.
On the other hand, the learned DR vehemently argued
supporting the orders of the authorities below.
Sardul Singh ITA 697/2014 7. We have heard both the parties and perused the
material available on record. The issue before us relates to
alleged cash deposited in HDFC Bank on various dates
during the year totaling to Rs. 3,75,500/-. Both the lower
authorities did not appreciate the explanation of the
assessee showing the source of cash withdrawals from
ICICI Bank and Punjab National Bank and treated it as
unexplained. A perusal of record shows that the revenue
authorities have not raised any objection about the gross
receipts of the assessee which by and large are through
account payee cheques only. The assessee has duly
submitted copies of bank statements of all the banks before
the Assessing Officer in detail which are also forming part
of the order of the learned Commissioner of Income Tax
(Appeals) at pages 7 & 8 giving datewise details of cash
withdrawn from ICICI and Punjab National Bank and the
cash deposited in HDFC Bank. The total of cash
Sardul Singh ITA 697/2014 withdrawal from ICICI Bank and Punjab National Bank is
Rs.4,12,000/- and cash of Rs. 3,75,500/- has been
deposited in HDFC Bank. The Assessing Officer denied the
benefit to the assessee quoting that no details were
provided in the assessment proceedings. However, the
learned Commissioner of Income Tax (Appeals) accepted
that the details were furnished before him but he could not
accept the contention of the assessee by way of taking a
view that the assessee should have required cash for
meeting other expenses for maintenance of truck other
than diesel and there was no such source of cash with the
assessee except the withdrawals from ICICI Bank and
Punjab National Bank.
We, however, on further perusal of HDFC Bank account
placed at pages 14 to 21 of the paper book find merit in the
contention of the learned counsel for the assessee. We
observe that on various dates when the cash was deposited
Sardul Singh ITA 697/2014 just after few days of the cash deposit the assessee has
utilised the balance towards payments of instalments of
Chola Mandalam Finance Company as well as payment of
credit cards. We take few of the instances –
(i) Cash of Rs. 30,000/- deposited on 30.6.2008 in HDFC Bank and 2.7.2008 Rs. 23,343/- has been paid to finance company towards loan instalment.
(ii) Cash of Rs.49,500/- deposited on 17.9.2008 and On 30.9.2008 Rs. 70,000/- paid towards credit card Expenses.
(iii) Rs.50,000/- deposited on 8.10.2008 and on 9.10.2008 made Credit card payment of Rs.54,538.90 and on 10.10.2008 paid loan instalment of Rs.17,150/-. These all instances clearly show the purpose of depositing
cash in HDFC Bank. We, therefore, in the given facts and
circumstances of the case, are of the considered view that
the assessee has been successful in explaining the source
of cash of Rs. 3,75,500/- deposited in HDFC Bank account
which has come through ICICI and Punjab National Bank
and further alleged cash deposit in HDFC Bank has been
Sardul Singh ITA 697/2014 utilised towards business expenditure. We accordingly set
aside the findings of the lower authorities and delete the
addition of Rs.3,75,500/-.
In the result, the appeal of the assessee is allowed.
Pronounced in open Court on 8th June, 2018.
Sd/- sd/-
(KUL BHARAT) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER
8 June, 2018 Dn/- Copy to – Appellant/Respodent/Pr.CIT/CIT(A)/DR/Guard File By order