VEEYEMAR & CO.,CALICUT vs. ITO, WARD 1(3), KOZHIKODE

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ITA 370/COCH/2025Status: DisposedITAT Cochin10 August 2026AY 2017-18Bench: SHRI INTURI RAMA RAO (Accountant Member)3 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found no illegality or perversity in the findings of the lower authorities. The AO's action of treating the inflated cash as unexplained and adding it to the total income was considered justified.

What were the facts?

The assessee, a partnership firm, filed a return of income disclosing Rs. 5,85,750/-. The AO initiated reassessment proceedings under section 147 read with section 144B, completing the assessment at Rs. 42,26,563/- by adding Rs. 36,40,813/- for disbelieving cash receipts from debtors.

What were the issues?

Whether the addition made by the AO on account of disbelieved cash receipts from debtors as bogus is justified.

Which sections of the Income-tax Act were involved?

Section 148,Section 147,Section 144B,Section 133(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH

Before: SHRI INTURI RAMA RAO, AM

For Respondent: Smt. Leena Lal, Sr. DR
Hearing: 02.06.2025Pronounced: 31.07.2025

This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] dated 09.04.2025 for Assessment Year (AY) 2017-18.

2.

Brief facts of the case are that assessee is a partnership firm. Return of income for the AY 2017-18 was filed on 26/03/2018 disclosing income of Rs. 5,85,750/-. Subsequently, the AO formed an opinion that the income escaped assessment to tax and issued Meat Products of India Ltd. notice u/s. 148 of the Act on 05/07/2019. In response to the notice issued u/s. 148, the assessee filed return of income on 30/07/2019 declaring the same income as shown in original return of income. Against the said return of income, assessment was completed by the AO vide order dated 27/09/2021 passed u/s. 147 r.w.s. 144B of the Act at a total income of Rs. 42,26,563/-. While doing so, the AO made the addition of Rs. 36,40,813/- disbelieving the receipt of cash from debtors, as bogus.

3.

Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order dismissed the appeal.

4.

Being aggrieved, the assessee is in appeal before the Tribunal in the present appeal.

5.

I find that during the course of assessment proceedings for the AY 2016-17, the AO reduced the cash in hand shown by the assessee of Rs. 90,22,069/- to 53,81,256/-. The AO disbelieved the version of the assessee that cash received from the debtors as bogus after examining them and issued notice u/s. 133(6) of the Act. Thus, the findings of the AO attained finality as the matter was settled under the Direct Tax Vivad Se Vishwas Scheme, 2024. The AO was of the opinion that inflated cash of Rs. 36,40,813/- which was shown for the year under consideration cannot be accepted. Therefore, the AO was justified in making the addition and added the same to the total income of the assessee as unexplained money.

Meat Products of India Ltd. I do not find any illegality or perversity in the findings of the lower authorities. Accordingly, I find no merit in the ground raised in this appeal, same is dismissed.

6. In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open court on 31st July, 2025.

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