CHHAMA GARG,GHAZIABAD vs. ITO, WARD- 1(2), GHAZIABAD

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ITA 6251/DEL/2018Status: DisposedITAT Delhi23 April 2019AY 2009-105 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 upheld the addition of Rs. 10.89 lakhs as the assessee failed to provide documentary evidence for current year's sales or recovery from debtors to explain the cash deposits. The CIT(A)'s confirmation of the addition was found to be justified.

What were the facts?

The assessee challenged the reopening of assessment and an addition of Rs. 10.89 lakhs made under Section 68. The addition was based on unexplained cash deposits in the bank account. The assessee claimed the deposits were from business receipts and bank withdrawals.

What were the issues?

Whether the addition made under Section 68 for unexplained cash deposits is justified when the assessee claims the source from business receipts and bank withdrawals without providing supporting evidence.

Which sections of the Income-tax Act were involved?

Section 68,Section 44AF

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘SMC’ BENCH,

Before: SHRI N.K. BILLAIYA

For Appellant: Shri Rajesh Kumar Malhotra, CA
Hearing: 22.04.2019Pronounced: 23.04.2019

PER N.K. BILLAIYA, ACCOUNTANT MEMBER:

1.

This appeal by the assessee is preferred against the order of the Commissioner of Income Tax [Appeals], Aligarh dated 29.06.2018 pertaining to A.Y 2009-10.

2.

Vide Ground Nos. 1 and 2, the assessee has challenged the reopening of the assessment and vide Ground No. 3, the assessee has challenged the addition of Rs. 10.89 lakhs made u/s 68 of the Income-tax Act, 1961 [hereinafter referred to as 'the Act'. Vide application dated 22.04.2019, the ld. AR stated that he is withdrawing Ground Nos. 1 and 2. Accordingly, the same are dismissed as withdrawn.

3.

Coming to the surviving ground relating to addition of Rs. 10.89 lakhs, I find that the addition has been made on finding that the assessee has made cash deposit in the bank account to the tune of Rs. 15.39 lakhs. The assessee was asked to explain the source of cash deposit in the bank account. The assessee explained that the money was deposited out of cash business receipts and out of withdrawals made from Kotak Mahindra Bank account.

4.

The contentions of the assessee were verified. The Assessing Officer found that the claim of withdrawals from Kotak Mahindra Bank amounting to Rs. 21.61 lakhs cannot be considered as the same was utilised by way of debit entries to M/s Landcraft Developers amounting to Rs. 19.52 lakhs. The Assessing Officer was of the opinion that the assessee has no plausible explanation to offer with regard to credit entry of Rs. 21.90 lakhs in the savings bank account with Kotak Mahindra Bank and, accordingly, made an addition of the same.

5.

The assessee carried the matter before the CIT(A) and explained the deposits made in the bank account.

6.

After considering the facts and detailed submissions as well as the remand report of the Assessing Officer, the ld. CIT(A) was convinced with the deposits in so far as credit entry of Rs. 5 lakhs is concerned. The opening cash balance of Rs. 4 lakhs and cash withdrawal from Kotak Mahindra totalling to Rs. 6 lakhs were also accepted. However, the deposit to the extent of Rs. 10.89 lakhs was not found to be explainable, hence the same was accordingly confirmed.

7.

Before me, the ld. AR stated that the assessee is filing return of income under presumptive tax u/s 44AF of the Act and is, therefore, not bound to maintain books of account. It is the say of the ld. AR that the deposits have been made out of current year’s sales and also from the realisation from debtors. However, the counsel for the assessee could not submit any documentary evidences in relation to current year’s sales nor he could demonstrate that there was any recovery from debtors. Whatever evidences have been furnished by the assessee have been considered by the CIT(A) while reducing the addition of Rs. 21.90 lakhs to Rs. 10.89 lakhs. Since there is nothing to support the contention of the ld. AR, I do not find any reason to interfere with the findings of the CIT(A). Accordingly, this ground is dismissed.

8.

In the result, the appeal filed by the assessee in is dismissed. The order is pronounced in the open court on 23.04.2019.

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