2025 (5) TMI 1849 - AT - Income Tax

Cash deposit during the demonetization period - unexplained credit u/s 68 - taxing the same u/s 115BBE - CIT(A) after going through the entire process noted that the AO has not rejected the books of accounts and even the sales and purchases made by the assessee were not rejected and hence he deleted the addition HELD THAT - AO has no doubt the purchases made by the assessee manufacturing done by assessee and not rejected the books of account. We noted that the assessee has made sales both cash and through banking channels of wool and woollen woven fabric to the customers/buyers which is a general practice of the business of the assessee. Assessee during the year under consideration has made total sales of Rs. 176, 92, 56, 036/- out of which cash sales is of the magnitude of Rs. 5, 42, 54, 538/- i.e. constitutes 3.06% of the total sales. The sales made by the assessee have been duly recorded in the books of account and the complete cash book was produced before the AO. AO could not point out any defect in the assessee s records and accordingly entire cash deposit is properly explained by the assessee. Assessee has filed complete details including details of cash purchases purchase bills cash sales as well as vouchers copies of ledger account of purchases copies of ledger account of sales made copies of ledger accounts of charts from whom purchase and sales have been made and confirmed copy of ledger account of certain parties. The assessee has also filed complete detail of debtors and creditors list. We find no infirmity into the finding of the CIT(A) as the AO could not point any mistake in the cash sales made and even these parties were never examined by AO to rebut the claim of assessee. Hence the source of cash deposits made by assessee during demonetization period out of cash sales stands explained - Decided in favour of assessee. Protective addition as the assessee company made sale through these newly introduced bill series - This substantive addition made in the hands of Swadeshi Woolen and Spinning mills Ltd. is pending under challenge before CIT(A) and hence this protective addition deleted in the hands of the assessee has to be examined along with the appeal of M/s Swadeshi Woollen Spinning Mills ltd. Accordingly this order of CIT(A) on this issue is set aside and matter remanded back to the file of the CIT(A) with the direction that this issue in the case of assessee on protective addition should be heard along the appeal of Swadeshi Woolen and Spinning mills i.e. where substantive addition was made. Appeal of Revenue is partly allowed for statistical purposes.

Summary

Issues Presented and Considered

The primary legal questions considered in this appeal are:

1. Whether the addition of Rs. 5,07,54,538/- made by the Assessing Officer (AO) on account of cash deposits during the demonetization period, treated as unexplained credit under section 68 of the Income Tax Act, 1961 (the Act) and taxed under section 115BBE, was justified, given the assessee's explanation of cash sales through a new series of retail bills introduced during August to November 2016 but not reported in VAT returns for the relevant quarter.

2. Whether the protective addition of Rs. 1,01,11,672/- made by the AO in respect of sales to a related party, which was subsequently returned, was rightly deleted by the Commissioner of Income Tax (Appeals) (CIT(A)) or whether it requires reconsideration in light of parallel proceedings in the related party's case.

Issue-wise Detailed Analysis

Issue 1: Legitimacy of Cash Deposits and Addition under Section 68

Relevant Legal Framework and Precedents: Section 68 of the Income Tax Act deals with unexplained cash credits, where the burden lies on the assessee to satisfactorily explain the nature and source of such credits. Section 115BBE mandates a special rate of tax on income from undisclosed sources. The AO's power to add unexplained cash deposits as income is well-established when the assessee fails to provide credible explanation supported by evidence. The CIT(A) and Tribunal's role is to examine the sufficiency and credibility of the explanation and supporting documents.

Court's Interpretation and Reasoning: The AO observed that the assessee had deposited Rs. 5,97,64,000/- in cash during the demonetization period. The assessee explained that this cash was generated from cash sales recorded through a new retail bill series introduced from August to November 2016, which was not reported in the VAT returns for the quarter ending September 2016. The AO suspected that the new bill series was backdated and introduced to inflate cash sales artificially to legitimize undisclosed cash deposits, thus treating the amount as unexplained credit under section 68 and taxing it under section 115BBE. The AO relied on the absence of details such as customer names and addresses, abrupt introduction and cessation of the new bill series, and the non-reporting in VAT returns as indicative of bogus sales.

The assessee countered by explaining the business context: due to unrest in Kashmir and curfews, local dealers from the valley directly approached the assessee's Ludhiana office for cash purchases, necessitating a new billing series. The assessee also explained operational reasons for cash withdrawals and deposits during demonetization, the nature of the workforce (marginalized workers preferring small denominations), and the discontinuation of the new bill series after goods were cleared. The assessee supported this with detailed books of accounts, cash books, sales and purchase ledgers, copies of bills, and debtor-creditor reconciliations.

Key Evidence and Findings: The CIT(A) examined the manufacturing process and yield percentages of various products (scoured wool, wool top, yarn, woolen woven cloth) for the year under consideration and the preceding year. The comparative analysis showed consistent production yields, indicating genuine business operations. The CIT(A) also noted that the AO did not reject the books of accounts or the sales and purchases recorded therein. The cash sales constituted only about 3.06% of total sales, and the cash book was produced in entirety. The AO failed to identify any defect in the records or examine parties to rebut the assessee's claim.

Application of Law to Facts: Given that the AO's suspicion was based primarily on the introduction of a new bill series and non-reporting in VAT returns, but the assessee provided detailed supporting documents and consistent production data, the CIT(A) held that the source of cash deposits was satisfactorily explained. The Tribunal concurred, emphasizing that the AO could not discredit the books of accounts or the genuineness of sales and that the cash deposits were adequately supported by the cash sales recorded.

Treatment of Competing Arguments: The AO's argument centered on the alleged backdating and non-reporting of the new bill series, suggesting a tax evasion scheme. The assessee's defense was grounded in business exigencies and operational realities during demonetization and regional unrest, supported by documentary evidence and consistency in production data. The CIT(A) and Tribunal gave greater weight to the documentary evidence and the absence of any rejection of accounts or sales by the AO.

Conclusions: The addition of Rs. 5,07,54,538/- under section 68 and taxation under section 115BBE was deleted by the CIT(A), a decision upheld by the Tribunal. The cash deposits were held to be explained by genuine cash sales, and the AO's addition was found unsustainable.

Issue 2: Protective Addition of Rs. 1,01,11,672/- Relating to Sales to Related Party

Relevant Legal Framework and Precedents: Protective additions are made by the AO to safeguard revenue in case the primary addition is set aside. The principle of avoiding double taxation or double addition is well-recognized. Additions made in one party's hands cannot be duplicated in another's if the transaction is the same. The appellate authority must ensure consistency and avoid multiplicity of proceedings on the same issue.

Court's Interpretation and Reasoning: The AO made a protective addition of Rs. 1,01,11,672/- relating to sales to M/s Swadeshi Woolen Spinning Mills, noting that the amount was returned to the assessee after demonetization, raising suspicion of bogus sales. The CIT(A) deleted this addition, observing that the amount had already been added in the hands of the related party, and making the addition again in the assessee's hands would lead to double addition.

Key Evidence and Findings: The Tribunal noted that the substantive addition in the hands of the related party was under challenge before the CIT(A). Since the issue was pending adjudication in the related party's appeal, the Tribunal found it appropriate to remand the matter for joint consideration to avoid conflicting decisions and multiplicity of litigation.

Application of Law to Facts: The principle of natural justice and judicial economy requires that related appeals involving the same transaction be heard together. The Tribunal accordingly set aside the CIT(A)'s order deleting the protective addition and remanded the issue to be heard along with the related party's appeal.

Treatment of Competing Arguments: The Revenue argued for sustaining the protective addition pending final adjudication in the related party's appeal. The assessee argued for deletion to avoid double addition. The Tribunal balanced these by ordering a joint hearing to ensure consistent outcomes.

Conclusions: The issue of protective addition of Rs. 1,01,11,672/- is restored to the file of CIT(A) for rehearing along with the related party's appeal.

Significant Holdings

On the issue of unexplained cash deposits during demonetization, the Tribunal affirmed the following principle:

"The Assessing Officer could not point out any defect in the assessee's records and accordingly entire cash deposit is properly explained by the assessee. The source of cash deposits made by assessee during demonetization period of Rs. 5,07,54,538/-, out of cash sales of Rs. 5,42,54,578/-, stands explained and, hence, we affirm the order of CIT(A)."

This establishes that where the assessee maintains consistent and credible books of account, supported by detailed production and sales data, mere introduction of a new bill series or non-reporting in VAT returns is insufficient to treat cash deposits as unexplained under section 68.

Regarding the protective addition, the Tribunal held:

"This issue, in the case of assessee on protective addition should be heard along the appeal of Swadeshi Woolen and Spinning mills i.e. where substantive addition was made."

This underscores the principle that related appeals involving the same transaction should be consolidated to avoid double taxation and conflicting decisions.

Final determinations on the issues are:

• The addition of Rs. 5,07,54,538/- under section 68 and taxation under section 115BBE is deleted, as the cash deposits were satisfactorily explained by genuine cash sales supported by credible evidence.
• The protective addition of Rs. 1,01,11,672/- is restored to the file of CIT(A) for reconsideration along with the related party's appeal to ensure consistent adjudication.