DCIT, TRICHY vs. R.RAVISHANKAR, TRICHY
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the CIT(Appeals) rightly deleted the addition as the assessee had explained the source of the deposits by producing ledger extracts, cash book, and passbook. The Tribunal found that the transactions were recorded in the books and the deposits were reflected with contra entries.
What were the facts?
The Revenue appealed against the CIT(Appeals) order deleting an addition of Rs. 84,67,000/- made by the Assessing Officer on account of unexplained cash deposits in the assessee's bank account. The assessee claimed the deposits were from business income and sale of land.
What were the issues?
Whether the CIT(Appeals) was justified in deleting the addition for unexplained cash deposits when the assessee provided documentary evidence of the source of funds.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI [CAMP: MADURAI
Before: SHRI N.R.S. GANESAN & SHRI ABRAHAM P. GEORGE
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) – 1, Tiruchirapalli, dated 20.05.2015 and pertains to assessment year 2011-12.
Shri S. Renga Rajan, the Ld. Departmental Representative, submitted that the assessee made deposit in the bank account to the extent of `84,67,000/-. The assessee explained before the Assessing Officer that the deposits are made from the business income. The assessee has also explained before the Assessing Officer that the sale consideration of land was also deposited in the bank account. The entire cash deposits, according to the Ld. D.R., were not explained before the Assessing Officer. When the cash deposits were made in the bank account, the onus is on the assessee to prove the source of income. Since the assessee failed to prove the source, according to the Ld. D.R., an addition of `84,67,000/- was made under Section 69A of the Income-tax Act, 1961 (in short "the Act"), therefore, the CIT(Appeals) is not justified in allowing the claim of the assessee.
Referring to order of the CIT(Appeals), the Ld. Departmental Representative submitted that the assessee has realized `2.3 Crores from the sale proceeds of land. According to the Ld. D.R., the assessee is one of the co-owners and transferred the land through a power of attorney agent. The assessee has also received some amount as advance and physical possession of property was handed over. On perusal of ledger account, it was mentioned as “to be audit”. The CIT(Appeals) however, allowed the claim of the assessee on the ground that that the assessee had sufficient funds to deposit in the bank account. According to the Ld. D.R., the CIT(Appeals)’s order is based upon unaudited ledger copies of bank account, therefore, it cannot be justified.
On the contrary, Shri S. Sridhar, the Ld.counsel for the assessee, submitted that the Assessing Officer made an addition of `84,67,000/- on the ground that there are unexplained cash credits in the bank account of the assessee. The ledger account produced before the Assessing Officer contained all the information about the cash deposits. According to the Ld. counsel, cash book was part of computer print outs which contained the information regarding cash deposits. The deposits are reflected in the ledger account as contra entries, which means the cash has already been withdrawn from cash book and deposited in the bank. According to the Ld. counsel, the cash book was part of computer print outs, which was maintained in the Tally account package. The assessee has also realized sale proceeds to the extent of `2.3 Crores. Even though the assessee is one of the co-owners, the entire amount was received by the assessee. Therefore, according to the Ld. counsel, the Revenue cannot dispute the availability of cash balance with the assessee as held by Punjab & Haryana High Court in CIT v. Smt.
Premwati (2009) 221 CTR 576. The assessee has also filed before the Assessing Officer ledger extracts of bank account and bank passbook. The entries in the ledger have been passed in the cash book. The Assessing Officer has not verified the ledger extracts produced by the assessee. Therefore, according to the Ld. counsel, the CIT(Appeals) after considering the extract of ledger of the assessee and bank passbook, found that the entire cash deposit of `84,67,000/- was fully explained. According to the Ld. counsel, all the entries were recorded in the books and the entire extracts were available before the Assessing Officer, therefore, the CIT(Appeals) has rightly deleted the addition made by the Assessing Officer.
We have considered the rival submissions on either side and perused the relevant material available on record. It is not in dispute that there was a deposit of `84,67,000/- in the bank account of the assessee. The Assessing Officer made addition on the ground that the assessee could not explain the source of deposit.
The assessee has produced extract of ledger account, cash book and passbook before the Assessing Officer. The CIT(Appeals) after examining the material available on record, found that the entire transaction was recorded in the books. The CIT(Appeals) also found that the bank deposits are reflected in the ledger. The accounts has contra entry since the assessee is maintaining the accounts in tally package. This Tribunal is of the considered opinion that the CIT(Appeals) has rightly found that the assessee has explained the source for the deposit of `84,67,000/-. Therefore, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.
In the result, the appeal filed by the Revenue is dismissed.
Order pronounced on 31st March, 2017 at Chennai.
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