2025 (6) TMI 156 - AT - Income Tax

Addition u/s 69A - cash deposit in SBN - nature and sources of cash deposit unexplained - HELD THAT - Assessee has declared income on presumptive basis where he has declared total sales of Rs. 49, 03, 470/- which includes cash sales of Rs. 30, 25, 930/-. It is also seen that the assessee had filed VAT returns where the turnover is duly matched with the turnover declared by the assessee in ITR. VAT returns were accepted by the VAT authorities who are independent government agency and found no error in the VAT returns filed by the assessee. Assessee has deposited cash during the demonetization out of the cash available as on the closing hours of 08.11.2016 i.e. the date when the demonetization was announced by the Hon ble Prime Minister and was the last day upto which the SBN could be accepted as valid currency. Assessee has already included the entire cash sales in the total sales and the profits have been derived which was offered for tax thus taxing the same income twice once in the sales and other when the sale consideration was realised and deposited in the bank account which is doubted on conjectures and surmises. Thus the source of cash deposited as out of the cash sales should not be doubted without bringing on record any contrary material. As decided in the case of ACIT v. Ramlal Jewellers (P.) Ltd. 2023 (9) TMI 673 - ITAT MUMBAI under similar circumstances deleted the addition made u/s 68 on account of cash deposit in SBN during the demonetization into bank We hereby delete the addition made u/s 69A of the Act towards cash deposited in the bank account during demonetization period. Decided in favour of assessee.

Summary

The core legal questions considered in this appeal are:

1. Whether the addition of Rs. 14,92,500/- made under section 69A of the Income Tax Act, 1961, on account of cash deposited in Specified Bank Notes (SBN) during the demonetization period, is justified when the assessee has declared the source of such cash deposits as cash sales in the books of account and filed return under section 44AD.

2. Whether the Assessing Officer (AO) and the Commissioner of Income Tax (Appeals) [CIT(A)] erred in disbelieving the cash sales declared by the assessee and treating the cash deposits as unexplained income without sufficient evidence.

3. Whether the AO was justified in demanding books of accounts and other documents when the assessee filed return under the presumptive taxation scheme of section 44AD, which does not mandate maintenance of detailed books.

4. Whether the principles of natural justice were violated by denying the assessee an opportunity of being heard during the assessment proceedings.

Issue-wise Detailed Analysis:

Issue 1 & 2: Validity of addition under section 69A on cash deposits during demonetization period

Relevant legal framework and precedents: Section 69A of the Income Tax Act deals with unexplained money found with the assessee. It applies when the assessee is found in possession of money not recorded in books of account and fails to provide a satisfactory explanation. The proviso to section 69A clarifies that the addition can be made only if the money is not recorded in the books or explanation is unsatisfactory. The presumptive taxation scheme under section 44AD allows taxpayers to declare income on a presumptive basis without maintaining detailed books.

Precedents cited include:

• CIT vs. Surinder Pal Anand (Haryana High Court) - Assessee not obliged to explain every entry unless unrelated to business.
• ACIT v. Ramlal Jewellers (ITAT Mumbai) - Addition under section 68 deleted when sales and stock records were consistent and no abnormal profit was found.
• CIT v. Kailash Jewellery House (Delhi High Court) - Cash sales recorded in books and accepted by authorities cannot be treated as undisclosed income.
• S. Balaji Mech-Tech Pvt. Ltd vs. ITO (ITAT Delhi) - Section 69A cannot be invoked when cash sales are recorded in books and explanation accepted.
• Fine Gujaranwala Jewellers vs. ITO (ITAT Delhi) - Addition on conjectures and surmises without corroborative material is erroneous; sales accepted under VAT precludes adverse inference.
• ACIT v. Hirapanna Jewellers (ITAT Visakhapatnam) - Cash receipts representing sales duly offered to tax cannot be added again under section 68 or 115BBE.

Court's interpretation and reasoning: The Tribunal noted that the assessee declared total turnover of Rs. 49,03,470/- including cash sales of Rs. 30,25,930/- under section 44AD. The assessee also filed VAT returns consistent with the declared turnover, which were accepted by independent VAT authorities. The cash deposited in SBN during demonetization was part of the cash sales already declared and taxed. The AO and CIT(A) erred in treating the cash deposits as unexplained income merely because they were deposited in SBN during demonetization without bringing any contrary material.

The Tribunal emphasized that taxing the same income twice - once as sales and again as unexplained cash deposits - would amount to double taxation, which is impermissible. The Tribunal held that the provisions of section 69A apply only when the money is not recorded in books or explanation is unsatisfactory. Since the cash sales were recorded and explanation was accepted by VAT authorities and not disputed by AO, the addition under section 69A was unwarranted.

Key evidence and findings: The assessee filed ITR showing cash sales, VAT returns matching the turnover, bank statements showing cash deposits in SBN, and details of cash deposits before and after demonetization period. No evidence was brought by the AO to disprove the genuineness of sales or to show that the cash deposits were from an undisclosed source. The AO failed to discredit the books or VAT returns.

Application of law to facts: The Tribunal applied the principle that once sales are declared and accepted, cash generated from such sales cannot be treated as unexplained income. The Tribunal relied on judicial precedents to hold that addition under section 69A cannot be made without contradictory evidence challenging the declared source. The presumptive taxation scheme under section 44AD, which does not require maintenance of detailed books, was also considered, and the AO's demand for books was found unjustified.

Treatment of competing arguments: The Department argued that the assessee failed to provide evidence of purchases and other details, and therefore cash sales were not established. The Tribunal rejected this, noting that VAT returns and consistent turnover figures were sufficient evidence. The Department's reliance on circumstantial evidence and conjectures was held to be insufficient to uphold the addition.

Conclusions: The addition of Rs. 14,92,500/- under section 69A was deleted as the cash deposits were explained as cash sales duly declared and accepted. The AO and CIT(A) erred in making the addition without bringing any contrary material.

Issue 3: Demand for books of accounts when return filed under section 44AD

The Tribunal observed that under section 44AD, the assessee is not required to maintain detailed books of accounts. The AO's insistence on production of books and accounts was therefore misplaced. The Tribunal relied on the principle that the presumptive taxation scheme relieves the assessee from maintaining detailed records, and the AO cannot demand such documents to discredit the declared income unless there is evidence of misreporting.

Issue 4: Violation of natural justice by denying opportunity of hearing

The assessee contended that no opportunity was given during assessment proceedings. The Tribunal did not specifically elaborate on this point but admitted the appeal despite delay, condoning the delay on sufficient cause. The procedural fairness aspect was implicitly recognized by allowing the appeal to be heard and decided on merits.

Significant holdings:

"Assessee has already included the entire cash sales in the total sales and the profits have been derived which was offered for tax, thus taxing the same income twice once in the sales and other when the sale consideration was realised and deposited in the bank account which is doubted on conjectures and surmises. Thus, the source of cash deposited as out of the cash sales should not be doubted without bringing on record any contrary material."

"Section 69A of the Income-tax Act, 1961, applies only when the money found with the assessee is not recorded in books of account or the explanation offered is not found satisfactory to the AO. In this case, the assessee had already declared the cash sales in its books of account and offered explanation as cash sales, which was accepted as regular business transactions."

"The Assessing Officer and the CIT(A) cannot invoke the provisions of section 68 or 69A when the assessee has already declared the source for cash deposits in the books of accounts and the lower authorities without any material to support their contrary view, cannot make additions."

"Addition under section 69A or section 68 cannot be made on the basis of conjectures and surmises without bringing corroborative material on record."

"When an amount is credited in business books, it is not an unreasonable inference to draw that it is a receipt from business."

The Tribunal concluded by deleting the addition of Rs. 14,92,500/- made under section 69A and allowed all grounds raised by the assessee.