Facts
The assessee, engaged in food grain trading, made cash deposits of Rs. 16.56 lakhs. The Assessing Officer treated Rs. 16.44 lakhs as unexplained, which was partly upheld by the CIT(A). The assessee appealed this decision.
Held
The tribunal partly allowed the appeal, reducing the unexplained cash deposit addition to Rs. 1 lakh, granting relief of Rs. 15.44 lakhs. It also directed that the assessment be made under normal provisions, not Section 115BBE, as the provision applies to transactions on or after April 1, 2017.
Key Issues
The key issues were the treatment of cash deposits as unexplained income and the applicability of Section 115BBE for the assessment year 2017-18.
Sections Cited
Section 143(3), Section 115BBE
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Income Tax Appellate Tribunal, DEHRADUN “SMC” BENCH, DEHRADUN
Before: SHRI SATBEER SINGH GODARA & SHRI MANISH AGARWAL
This assessee’s appeal for assessment year 2017-18, arises against the Commissioner of Income Tax (Appeals)/Addl./JCIT(A)- 2, Chennai’s order dated 23.09.2025 having DIN and order no. ITBA/APL/S/250/2025-26/1081048847(1), involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
The assessee’s/appellant’s sole substantive ground herein is directed against the CIT(A)’s lower appellate discussion partly upholding the Assessing Officer’s assessment findings treating his cash deposits of Rs.16.56 lakhs as unexplained to the tune of Rs.16.44 lakhs in issue.
Both the learned representatives vehemently reiterate their respective stands against and in support of the impugned addition. There does not appear to be much a dispute between the parties that the assessee/appellant is engaged in the business of trading in food grains in the name and style of M/s. Singhal Agro Products, who had also declared his income of Rs.17,50,250/-. That being the case, the necessary inference which would prima facie arise is that although he has failed to plead and prove the corresponding reconciliation and verification of the impugned cash deposits as forming part of business turnover/cash sales to the entire satisfaction of both the learned lower authorities; its credit could not be denied to him as well.
Faced with this situation, we deem it appropriate in these peculiar facts that a lumpsum addition of Rs. 1 lakh only in the 2 | P a g e assessee’s hands would be just and proper with a rider that the same shall not be treated as a precedent. The assessee gets relief of Rs.15.44 lakhs in other words.
So far as assessee’s assessment under section 115BBE is concerned, we quote S.M.I.L.E. Microfinance Ltd. Vs. ACIT, W.P. (MD) No.2078 of 2020 & 1742 of 2020, dated 19.11.2024 (Madras) that the impugned statutory provision would come into effect on the transaction done on or after 01.04.2017 only. The assessee is accordingly directed to be assessed under the normal provision as per law.