2025 (7) TMI 873 - AT - Income Tax

Reopening of assessment - reason to believe - unexplained cash deposits in current account which exceeds the prescribed limit of Rs. 1.00 Lakhs - HELD THAT - A perusal of the reasons recorded by the AO and extracted by us would reveal that according to the AO a sum was deposited in the bank account of the assessee with Indusind Bank. This figure is factually incorrect. According to the assessee its total turnover during the year was around Rs. 16.31 Cr and it has made deposits of Rs. 10, 14, 63, 750/-. Thus it would indicate that ld. AO has not applied his mind on the information uploaded on insight Portal of Department vis- -vis assessment record of the assessee. He simply treated such an information as a gospel truth and recorded the reasons that income of the assessee has escaped to the extent of Rs. 19. 75 Cr. We fail to understand from where these figures have been analyzed by the AO. Thus the foundation of the reasons is based on conceivement of wrong facts. There is no live nexus between the real acts of assessee s return for this assessment year vis- - vis alleged information possessed by the AO. This reopening is not justifiable. The ld. CIT(A) has erred in not quashing the assessment on this issue also. Unexplained cash credit - The assessee has disclosed the figures that it has opening stock of Rs. 1, 13, 52, 526/-. It has purchase d scooters from the manufacturers at Rs. 13, 93, 84, 411/-. It has sold scooters for a sum of Rs. 14.74 Cr and in the closing stock assessee has shown the balance scooters. This finding has been recorded by the ld. CIT(A). Thus deposits in the Indusind Bank at Rs. 10.14 Cr was out of sale proceeds. Complete bank statement has been placed on the record. Assessee has also placed complete details exhibiting the sale of scooters. Contrary to above facts AO did not place anything on the record. We fail to note as to why he has not accepted the stand of the assessee. The observation of the AO that assessee has failed to offer any satisfactory explanation is without any application of mind and without any analysis of the details available on the record. Therefore on due consideration of the finding of the ld. CIT(A) on merit we do not find any merit in this appeal of the Revenue.

Summary

Issues Presented and Considered

1. Whether the re-opening of the assessment for the assessment year 2016-17 by issuance of notice under section 148 of the Income Tax Act, 1961, is valid and justified in the facts and circumstances of the caseRs.

2. Whether the Assessing Officer (AO) was justified in making an addition of Rs. 16,15,47,810/- treating the entire cash deposits in the bank account as unexplained cash credit under section 68 of the Income Tax ActRs.

3. Whether the books of account and documentary evidence submitted by the assessee were rightly rejected by the AO, and whether the addition made on quantum was sustainableRs.

Issue-wise Detailed Analysis

Issue 1: Validity and Justification of Re-opening Assessment under Section 148

The relevant legal framework is Section 147 of the Income Tax Act, 1961, as applicable for the assessment year 2016-17, which empowers the AO to re-open an assessment if he has reason to believe that income chargeable to tax has escaped assessment. The issuance of notice under section 148 requires recording of "reasons to believe" that income has escaped assessment.

The AO recorded reasons based on information received from the Department's Insight Portal indicating that the assessee had deposited Rs. 19,75,47,805/- in its Indusind Bank account, which was not commensurate with the declared income of Rs. 12,17,270/-. The AO contended that the assessee had escaped assessment of income to this extent and thus re-opening was justified.

However, the Tribunal found that the AO's foundational fact-cash deposits of Rs. 19.75 crores-was factually incorrect. The assessee's turnover was approximately Rs. 16.31 crores and actual deposits in the Indusind Bank account were Rs. 10.14 crores, not Rs. 19.75 crores. The AO failed to apply his mind to the actual assessment records and blindly relied on incorrect data from the Insight Portal. There was no live nexus between the returned income and the alleged information.

The Tribunal noted that the CIT(A) erred in upholding the re-opening despite these discrepancies. The reopening was held to be unjustifiable as it was based on incorrect facts and lacked proper application of mind by the AO. The Tribunal allowed the assessee's cross objection to quash the reopening.

Issue 2: Justification of Addition of Rs. 16,15,47,810/- as Unexplained Cash Credit under Section 68

Section 68 of the Income Tax Act deals with unexplained cash credits, allowing the AO to add such amounts to income if the assessee fails to satisfactorily explain the source of the credit.

The AO rejected the assessee's books of account and explanations, treating the entire credit of Rs. 16.15 crores in the Indusind Bank account as unexplained cash credit. The AO's rejection was premised on the late submission of explanations and documentary evidence, and the difficulty in verifying these at the fag end of the assessment year.

On appeal, the CIT(A) remanded the matter to the AO for proper scrutiny of the submitted documents, including bank statements, audited accounts, cash books, and explanations that the deposits represented sale proceeds of Honda two-wheelers. The assessee claimed that the cash sales were legitimate business receipts, supported by detailed stock and sales records.

However, the AO's remand report merely reiterated the earlier stand without conducting any fresh enquiry or verification. The Tribunal criticized this approach as shoddy and lacking in merit. It was held that the AO failed to appreciate the documentary evidence and the business reality that the assessee was an authorized Honda dealer with cash sales consistent with the deposits.

The Tribunal found no justification for rejecting the books of account or for making the addition under section 68. The assessee's explanation was found credible and supported by evidence, including bank statements and audited accounts. The addition was thus deleted.

Issue 3: Rejection of Books of Account and Documentary Evidence

The AO rejected the assessee's books of account despite their submission at the assessment and remand stages. The Tribunal found this rejection unjustified, especially since the assessee had furnished comprehensive documentary evidence including bank statements, audited accounts, cash books, and detailed sales records.

The Tribunal noted that the assessee's business involved sale of two-wheelers mostly priced below Rs. 50,000/-, with sales largely in cash, which explained the cash deposits in the bank account. The assessee also maintained other bank accounts duly disclosed in the balance sheet, further corroborating the financial transactions.

Given the credible documentary evidence and the failure of the AO to conduct any meaningful enquiry or analysis, the Tribunal held that the books of account were rightly accepted and their rejection was unwarranted. The addition based on rejection was therefore unsustainable.

Significant Holdings

"The foundation of the reasons is based on conceivement of wrong facts. There is no live nexus between the real acts of assessee's return for this assessment year vis-`a-vis alleged information possessed by the AO. This reopening is not justifiable."

"The action of the Assessing Officer is nothing but done in a very shoddy manner without going into the merit of the case whatsoever."

"The entire deposit including the cash deposit are well explained by the final account of the assessee firm and therefore I direct the Assessing Officer to delete the addition made for Rs. 16,15,47,810/- in the assessment order."

"There is also no justification for rejection of the books of accounts of the assessee as found from the submissions made by the assessee."

"The observation of the AO that assessee has failed to offer any satisfactory explanation is without any application of mind and without any analysis of the details available on the record."

Core principles established include the necessity for the AO to base reasons for reopening on correct and verified facts, the requirement to apply mind and conduct proper enquiry before rejecting books of account and making additions under section 68, and the importance of credible documentary evidence in explaining cash deposits and business transactions.

Final determinations were that the reopening of assessment was invalid and quashed, the addition of Rs. 16,15,47,810/- was deleted, and the assessee's books of account were rightly accepted. The Revenue's appeal was dismissed, and the assessee's cross objection was allowed.