2012 (7) TMI 549 - AT - Income Tax

Addition u/s 69 of the IT Act on account of bank deposits - Assessing Officer noticed that the assessee had deposited cash of Rs. 23,89,500/- in the Saving Bank Account - Commissioner of Income Tax(Appeals) treated the amount deposited in the bank as undisclosed business deposits and thereby directed the Assessing Officer to determine the profit of the assessee @ 10% of the deposits Held that - Assessee by producing the material has demonstrated that these receipts in the bank account of the assessee are relating to its activity of real estate and for the purpose of purchasing the plot and then again returned the amount to the parties - activity of real estate is not in the nature of civil contract and therefore, provisions of sec 44AD are not applicable so far as the deposits in the bank account - receipt in the bank account are in relation to the business activity of the assessee - CIT(A) is just and proper in estimating the profit of the said activity at 10% of the deposits pertaining to the year under consideration

Summary

Issues:
1. Reduction of addition made by Assessing Officer under section 69 of the Income Tax Act.
2. Condonation of delay in filing the appeal.
3. Treatment of bank deposits as undisclosed business deposits.
4. Challenge to the impugned order by both the assessee and the revenue.
5. Justification of estimating profit at 10% of the deposits.

Analysis:
1. The cross-appeals were against the Commissioner of Income Tax (Appeals) order reducing the addition made by the Assessing Officer under section 69 of the Income Tax Act regarding bank deposits. The common issue was whether the reduction of the addition was justified. The Commissioner reduced the addition to 10% of the amount, granting relief and sustaining a partial addition.

2. The delay of 4 days in filing the appeal was due to the inability to arrange the court fee on time. The Tribunal condoned the delay after considering the explanation provided by the assessee.

3. The assessee, engaged in civil construction contracts, declared a profit under section 44AD but had significant cash deposits in various bank accounts. The Assessing Officer treated these deposits as income from other sources under section 69. The Commissioner directed the profit to be determined at 10% of the deposits, considering them as undisclosed business deposits.

4. Both the assessee and the revenue challenged the Commissioner's order. The assessee was aggrieved by the sustained addition, while the revenue contested the relief granted by the Commissioner.

5. The Tribunal analyzed the deposits and withdrawals in the bank accounts, noting that they were related to the business activity of real estate. The Tribunal found that the deposits were not covered under section 44AD and upheld the Commissioner's decision to estimate the profit at 10% of the deposits for the relevant year.

In conclusion, the Tribunal dismissed the appeals by both the revenue and the assessee, upholding the Commissioner's order regarding the reduction of the addition made by the Assessing Officer under section 69 of the Income Tax Act. The Tribunal found the estimation of profit at 10% of the deposits to be just and proper considering the nature of the business activity.