PAWAN PURI, H.NO 3343, STREET NO.3, CHEMMA COLONY, LUDHIANA PUNJAB,LUDHIANA vs. INCOME TAX OFFICER WARD-2 RISHI NAGAR,LUDHIANA, LUDHIANA

The solitary issue of the assessee is that CIT (Appeals) has erred in confirming the addition of Rs.34,05,424/-.

With the assistance of ld. Representative, we have gone through the record carefully. A perusal of the assessment order would reveal that assessee has filed his return of income on 05.08.2017 declaring total income of Rs.4,47,180/-. The assessee, at the relevant time was running business of ticket reservation, for which he accepted cash for booking of tickets from clients. The same was deposited in the bank account. The ld.AO found that assessee has deposited a sum of Rs.34,05,424/- which has been added with the aid of Section 68 of the Income Tax Act on account of unexplained cash.

The appeal to the ld.CIT (Appeals) did not bring any relief to the assessee.

We find that stand of the assessee was that he has been offering income u/s 44AD of the Act. His gross turnover does not exceed Rs.2 Crores. The assessee is not required to maintain any account if his turnover does not exceed to the prescribed limit provided u/s 44AD and on the turnover, assessee has offered income @ 8%. We find that assessee has offered income @ 8% of the gross turnover which was only Rs.34,05,424/-. Both the Revenue Authorities have erred in A.Y.2017-18 3 not appreciating the transaction in right perspective and unnecessarily making the addition u/s 68 of the Act. Therefore, we allow the appeal and delete the addition made by the AO and confirmed by the CIT (Appeals).

In the result, appeal of the assessee is allowed.