Facts
The assessee, a partnership firm dealing in steel and scrap, filed its return for AY 2017-18. The Assessing Officer (AO) questioned cash sales made during the demonetization period and made an addition for unexplained cash deposits of ₹38,57,530. The CIT(A) upheld the addition.
Held
The Tribunal noted that the assessee's books of accounts were accepted, implying its business activities were genuine. Considering the panic during demonetization and lack of contrary material, the Tribunal held that cash deposits likely originated from business sales. However, due to insufficient details provided, the addition was sustained by estimating income at 8% of the cash sales.
Key Issues
Validity of addition for unexplained cash deposits made during demonetization period despite accepted books of account. Whether estimation of income is justified in absence of detailed proof of cash sales.
Sections Cited
143(3), 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE “SMC” BENCH : PUNE
Before: DR. MANISH BORAD
ORDER PER DR. MANISH BORAD, AM
This appeal at the instance of the assessee is directed against the order of Learned Commissioner of Income Tax (Appeals)/NFAC, Delhi [“CIT(A)”], dated 17.06.2025 passed under section 250 of the Income Tax Act, 1961 (“Act”) which is arising out of order u/s. 143(3) of the Act, dated 27.12.2019 for the Assessment Year (AY) 2017-18.
When the case called for, none appeared on behalf of the assessee. On the previous two dates of hearing fixed for 25.09.2025 & 27.10.2025 intimated to the assessee through a valid notice, the assessee has neither represented in person nor through authorized representative. I, therefore, proceed to adjudicate the appeal exparte qua assessee with 2 ITA.No.2054/PUN/2025 Aurangabad Steel Corporation the assistance of Ld. Departmental Representative (DR) and the documents available on record.
The assessee has raised seven grounds of appeal, but the sole grievance revolves around the addition for unexplained cash deposit of ₹ 38,57,530 .
4. Ld. Departmental Representative (DR), at the outset, supported the order of Ld. CIT(A).
I have heard the ld. Departmental Representative and perused the records placed before me. I observe that the assessee is a partnership firm and declared income of ₹3,25,560 in the e-return for A.Y. 2017-18 furnished on 31.10.2017. The return selected for complete scrutiny under CASS for the reason that “low income from TCS receipts-scrap” and is duly assessed under VAT Act and quarterly sales figures have been declared therein. Books of accounts are regularly maintained and that the sales are made out of stock available with the assessee. From the assessment order, I observe that Ld. Assessing Officer (AO) has not rejected the book results and has only questioned the cash sales which took place during the demonetization period. Once the books of accounts have been accepted, it means that the assessee is regularly carrying on business of scrap and proper details are maintained. It is well evident that declaration of demonetization scheme was never known to the public at large and at that point of time panic is inevitable. Such period of panic certainly cannot be equated to the normal period of carrying on business activities. In the instant case since the assessee’s regular business has not been disputed and that the assessee is a partnership firm maintaining proper books of account, which has been 3 ITA.No.2054/PUN/2025 Aurangabad Steel Corporation accepted by the Ld.AO and necessary details of cash sales have been filed. In absence of any contrary material, I find that the source of cash deposits is from the cash sales of business activity carried out by the assessee. However, since no proper details filed before this Tribunal inspite of providing sufficient opportunities and also other necessary details are not emerging from the available records, therefore, I deem it appropriate to estimate income @8% of the alleged cash sales of ₹38,57,530 and sustain addition at ₹3,08,600 and give part relief to the assessee. Effective grounds of appeal raised by the assessee are partly allowed.
In the result, appeal of the Assessee is partly allowed as per the terms indicated above.
Order pronounced in the open Court on 28.01.2026.