SAHIL PHUTELA,AMBALA CITY vs. INCOME TAX OFFICER, WARD-4, AMBALA, AMBALA

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ITA 342/CHANDI/2025Status: DisposedITAT Chandigarh04 August 2025AY 2017-18Bench: SHRI RAJPAL YADAV (Vice President), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)3 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal acknowledged the assessee's cash-intensive business, VAT compliance, and maintained cash book, concluding that the cash deposits were primarily from business sales. However, due to the assessee's non-compliance in fully substantiating the claim, a lumpsum addition of Rs.2 Lacs was confirmed as business income, with the remaining addition being deleted. The AO was directed to re-compute the income.

What were the facts?

The assessee, engaged in retail trading under the name Shri Paramhans Traders, declared an income of Rs.4.63 Lacs. The case was reopened under Section 147 after the assessee deposited Rs.30.17 Lacs cash in an SBI Bank account, and the AO made an addition of this sum under Section 69A, which was confirmed by the CIT(A).

What were the issues?

Whether cash deposits made by a retail trader in a bank account, despite evidence of cash-based business and cash book maintenance, constitute unaccounted money liable for full addition under Section 69A of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 147,Section 144B,Section 69A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, CHANDIGARH

Before: HON’BLE SHRI RAJPAL YADAV & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri Tejmohan Singh (Advocate) – Ld. AR

(िनधा�रणवष� / Assessment Year: 2017-18) Shri Sahil Phutela ITO C/o Tehmohan Singh (Advocate) Ward-4 बनाम/ Vs. # 527 Sector 10-D Ambala. Chandigarh 160011. �थायीलेखासं./जीआइआरसं./PAN/GIR No.CMVPP-7771-G (अपीलाथ�/Appellant) (��थ� / Respondent) : अपीलाथ� की ओर से / Appellant by : Shri Tejmohan Singh (Advocate) – Ld. AR ��थ� की ओर से / Respondent by : Dr. Ranjit Kaur (Addl. CIT) – Ld. Sr.DR सुनवाई की तारीख / Date of Hearing : 17-07-2025 घोषणा की तारीख / Date of Pronouncement : 04-08-2025. आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeals by assessee for Assessment Year (AY) 2017- 18 arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 07-11-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 147 r.w.s. 144B of the Act on 28-03-2022. The registry has noted delay of 35 days in the appeal which stand condoned. The sole issue in the appeal is addition of cash deposit for Rs.30.17 Lacs. Having heard rival submissions and upon perusal of case records, the appeal is disposed-off as under.

2.

The assessee carried out business in the name of Shri Paramhans Traders and declared income for Rs.4.63 Lacs. It transpired that the assessee deposited cash of Rs.30.17 Lacs in its SBI Bank account and accordingly, the case was reopened. The assessee failed to make any effective representation and accordingly, Ld. AO added the deposits u/s 69A. The Ld. CIT(A) confirmed the assessment for the same very reasons against which the assessee is in further appeal before us.

3.

From case records, it emerges that the assessee is engaged in retail trading wherein most of the sales happen in cash. The assessee is subjected to VAT and it has duly maintained the cash book for its business. The cash deposits are sourced out of cash generated by the assessee in its business. The sales turnover of the assessee is evidenced by VAT returns as placed on record. The assessee regularly deposit cash in the bank account owing to nature of its business. On these facts, entire deposits could not be held to be unaccounted money of the assessee. Since the assessee has remained non-compliant and failed to fully substantiate its claim, to plug any possible leakage of revenue, we confirm lumpsum addition of Rs.2 Lacs as business income over and above the regular income as declared by the assessee. The remaining addition stand deleted. The Ld. AO is directed to re-compute the income of the assessee. No other ground has been urged in the appeal.

4.

The appeal stand partly allowed. Order pronounced on 04-08-2025. Sd/- Sd/- (RAJPAL YADAV) (MANOJ KUMAR AGGARWAL) VICE PRESIDENT ACCOUNTANT MEMBER Dated: 04-08-2025. आदेश की �ितिलिप अ�ेिषत /Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF ASSISTANT REGISTRAR

ITAT CHANDIGARH

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