2023 (3) TMI 520 - AT - Income Tax

Unexplained deposits in bank account - source of such deposits and sale transaction of agriculture land owned by the assessee - HELD THAT - In the instant case we find that there were cheque deposits of Rs 39, 61, 000/- on 22/02/2010 within few days of execution of sale deed on 19/02/2010 and therefore a clear nexus has been established between source of such deposits and sale transaction of agriculture land owned by the assessee. The same is corroborated from the bank statements of the buyer where the particulars of cheque deposits in the assessee s bank account exactly tallies and only inference which can be drawn is that the deposits are towards receipts of sale consideration of agriculture land. We are conscious of the fact that though the sale deed shows lower sale consideration which is also the stamp duty valuation however once the assessee has brought on record the relevant facts and documentation as well as nexus between transaction of sale and deposit in bank account has been established then in absence of any contrary evidence brought on record only inference which can be drawn from these facts and circumstances of the case is that the nature and source of deposit is nothing but represent the full value of consideration from sale of agriculture land so sold by the assessee and thus stand explained. The factum of agriculture land not being a capital asset has not been disputed by the Revenue in the instant case and thus the full value of the consideration is not liable for tax and addition so sustained by the ld CIT(A) which represent a part of consideration is hereby directed to be deleted and the matter is decided in favour of the assessee.

Summary

Issues Involved:
1. Sustaining the addition of Rs. 22,41,000/- as against Rs. 39,61,000/- made on account of deposits in the bank account, treating it as income from other sources.
2. Validity of the explanation and evidence that the deposits represent sale proceeds of agricultural land.
3. Overall correctness of the Ld. CIT(A)'s order.

Detailed Analysis:

1. Sustaining the Addition of Rs. 22,41,000/- as Against Rs. 39,61,000/-:
The Assessee appealed against the order of the Ld. CIT(A), which sustained an addition of Rs. 22,41,000/- out of Rs. 39,61,000/- deposited in the bank account, treating it as income from other sources. The Assessee argued that these deposits were sale proceeds of agricultural land. The AO initially treated the entire amount of Rs. 39,61,000/- as income from unknown sources due to the absence of confirmation from the buyer, despite matching cheque payments in the buyer's and Assessee's bank accounts. The Ld. CIT(A) partially accepted the Assessee's explanation, recognizing Rs. 17,20,000/- as sale proceeds of agricultural land and treating the excess Rs. 22,41,000/- as income from other sources. The Tribunal found that the Assessee provided sufficient evidence, including bank statements and sale deeds, establishing a direct nexus between the deposits and the sale of agricultural land. The Tribunal directed the deletion of the Rs. 22,41,000/- addition, recognizing the entire Rs. 39,61,000/- as sale proceeds.

2. Validity of the Explanation and Evidence:
The Assessee provided a sale deed, bank account statements, and a certificate from the bank to substantiate that the deposits were sale proceeds of agricultural land. The Tribunal noted that the cheque numbers and dates of deposits in the Assessee's bank account matched the debits in the buyer's bank accounts. This established a direct nexus between the sale transaction and the bank deposits. The Tribunal referenced a similar case (Shri Pappu Ram Saran vs. ITO) where a direct nexus between cash deposits and a sale transaction was established, leading to the acceptance of the Assessee's explanation. The Tribunal concluded that the Assessee had sufficiently demonstrated that the deposits were sale proceeds, and in the absence of contrary evidence, the explanation could not be disputed.

3. Overall Correctness of the Ld. CIT(A)'s Order:
The Ld. CIT(A) accepted part of the Assessee's explanation but treated the excess amount over the registered sale deed consideration as income from other sources. The Tribunal found this approach incorrect, as the Assessee had provided comprehensive evidence linking the deposits to the sale of agricultural land. The Tribunal emphasized that the agricultural land sold was not a capital asset, and thus, the full consideration of Rs. 39,61,000/- was not taxable. The Tribunal directed the deletion of the addition of Rs. 22,41,000/- and allowed the Assessee's appeal, thereby overturning the Ld. CIT(A)'s partial acceptance.

Conclusion:
The Tribunal concluded that the Assessee had adequately explained the source of the Rs. 39,61,000/- deposits as sale proceeds of agricultural land. The addition of Rs. 22,41,000/- sustained by the Ld. CIT(A) was deleted, and the appeal was decided in favor of the Assessee. The order was pronounced in the open Court on 07/03/2023.