Facts
The assessee's appeal was against an order confirming an addition of Rs. 15,91,000/- on account of unexplained cash deposits. The assessee argued that these deposits represented cash turnover, and the total turnover was Rs. 21,42,500/-, out of which Rs. 15,91,000/- was cash turnover.
Held
The Tribunal held that the cash deposits in the bank account were part of the business receipts and the assessee had sufficient cash from business receipts and earlier withdrawals. Therefore, the addition was unwarranted and deleted.
Key Issues
Whether cash deposits in the bank account, which are part of the total business turnover, can be treated as unexplained income and added to the assessment.
Sections Cited
44AD
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “SMC”, DELHI
(A.Y.2012-13) Surender Singh, S/o Shri Murari Lal, VPO Mohna, ...... अपीलाथ�/Appellant Ballabgarh, Haryana 121004 PAN: CLIPS-1424-F बनाम Vs. Income Tax Officer, Ward-2(4), ..... �ितवादी/Respondent Faridabad, Haryana 121004 अपीलाथ� �ारा/Appellant by : Shri Arvind Soni, Chartered Accountant �ितवादी�ारा/Respondent by : Shri Manoj Kumar, SR.DR सुनवाई क� ितिथ/ Date of hearing : 15/07/2025 घोषणा क� ितिथ/ Date of pronouncement : : 15/07/2025 आदेश/ORDER
PER VIKAS AWASTHY, JM:
This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)/Additional/Joint Commissioner of Income Tax(Appeals)- 1, Bengaluru (hereinafter referred to as 'the CIT(A)') dated 31.03.2025, for Assessment Year 2012-13.
The solitary issue raised by the assessee in the present appeal is against confirming addition of Rs.15,91,000/- on account of unexplained cash deposits in the bank account of the assessee.
Shri Arvind Soni, appearing on behalf of the assessee submits that during the period relevant to assessment year under appeal, the assessee over the (AY 2012-13) period of 12 months had deposited Rs.15,91,000/-. To substantiate his contention, he referred to summary of cash deposits and cash withdrawals during Financial Year 2011-12 at page no. 6 to 8 of the paper book. He submitted that total turnover of the assessee, during the relevant period was Rs.21,42,500/- out of which cash turnover was Rs.15,91,000/-. The cash deposits in the bank represents cash turnover of the assessee. He further contended that apart from deposits from cash business receipts, the assessee had made withdrawals from his bank account amounting to Rs.21,42,500/-. The assessee has filed return of income on presumptive tax basis u/s. 44AD of the Income Tax Act,1961(hereinafter referred to as ‘the Act’) as the total turnover of the assessee was far below the limit of Rs.1,00,00,000/- . The Assessing Officer (AO) has accepted the total turnover of the assessee but has made addition of the cash deposits which are part of the total turnover. He thus, he prayed for deleting the addition.
Per contra, Shri Manoj Kumar representing the department submitted that the CIT(A) has examined the summary of cash deposits and cash withdrawals and has rejected the same. The ld. DR placed reliance on the findings of the AO and the CIT(A). He prayed for dismissing appeal of the assessee.