2024 (6) TMI 1361 - AT - Income Tax

Unexplained money u/s 69A - cash deposits in the bank account during the demonetization period - Additional documents were filed by the assessee before the Ld.CIT(A) rejected - HELD THAT - From the findings of the Ld. CIT(A) it is transpired that the Ld. CIT(A) without applying his own mind and without exercising the power granted under the statue has dismissed the application for the admission of the additional evidence on the behest of the AO which is contrary to the provision of law. As such we are of the view that the Ld. CIT(A) was to exercise his power within the provision of law for admission of the additional documents instead of getting guided by the comment of the AO in the remand report. Also perused the bank statement filed by the assessee and on verification of the bank entries of the demonetization period we note that such cash deposits were primarily used for making payment to Gujarat Agro Industries which is a State Government Organization and dealing in the agricultural produce. Thus prima facie it appears to us that the cash deposits during demonetization period was representing business transactions and therefore we are of the view that the same cannot be made subject to tax under the provisions of section 69A of the Act. We are making this observation that the cash deposits during demonetization period represent the business transaction to arrive at an opinion that the assessee has very meritorious case which could not be dismissed due to technical lapses as held in the case of S.R. Koshti 2004 (12) TMI 62 - GUJARAT HIGH COURT as revealed that the income of the assessee should not be over assessed even there is a mistake of the assessee. As such the legitimate deduction for which the assessee is entitled should be allowed while determining the taxable income. Thus we deem it fit to direct the Ld. CIT(A) to admit the additional evidence filed by the assessee under rule 46A of the Income Tax Rule and adjudicate the issue on merit afresh as per the provisions of law. Hence the ground of appeal of the assessee is allowed for the statistical purposes.

Issues involved:
1. Rejection of admission of additional evidence by the Ld. CIT(A).
2. Treatment of cash deposits during demonetization period as unexplained money.
3. Disallowance of business receipts based on cash deposits in bank account.
4. Interpretation of Income Tax Rules regarding admission of additional evidence.
5. Failure of Ld. CIT(A) to exercise power granted under the statute.
6. Consideration of cash deposits during demonetization period as business transactions.
7. Application of legal principles to ensure fair assessment and deduction of legitimate expenses.

Issue 1: Rejection of admission of additional evidence by the Ld. CIT(A):
The Assessee raised concerns regarding the rejection of additional evidence by the Ld. CIT(A). The Assessee contended that the AO had commented on the additional evidence in the remand report, implying that the Ld. CIT(A) should have considered the additional documents for deciding the case on its merits. The Tribunal noted that the Ld. CIT(A) failed to exercise the power granted under the law to admit additional evidence, solely relying on the AO's comments in the remand report. The Tribunal held that the Ld. CIT(A) should have independently assessed the admissibility of the additional evidence as per Rule 46A of the Income Tax Rules.

Issue 2: Treatment of cash deposits during demonetization period as unexplained money:
The AO had observed cash deposits in the Assessee's bank account during the demonetization period, which amounted to Rs. 41,74,900. The source of these deposits was not explained by the Assessee, leading the AO to treat it as unexplained money under section 69A of the Income Tax Act. The Tribunal, upon reviewing the bank statements, found that these cash deposits were primarily used for business transactions with a State Government Organization dealing in agricultural produce. Consequently, the Tribunal opined that these cash deposits should not be taxed under section 69A as they represented legitimate business transactions.

Issue 3: Disallowance of business receipts based on cash deposits in bank account:
Apart from the demonetization period deposits, the AO also noted cash deposits of Rs. 95,69,800 in the Assessee's bank account unrelated to that period. These deposits exceeded the gross turnover shown in the Assessee's income tax return. The AO treated the difference amount as gross business receipts, applying the profit rate specified under section 44AD. The Tribunal emphasized the need to ensure fair assessment and deduction of legitimate expenses, directing the Ld. CIT(A) to admit additional evidence and reconsider the issue of business receipts disallowance.

Issue 4: Interpretation of Income Tax Rules regarding admission of additional evidence:
The Tribunal highlighted the provisions of Rule 46A(1) and (2) of the Income Tax Rules, which govern the admission of additional evidence by the Ld. CIT(A). It reiterated that the Ld. CIT(A) possesses the authority to admit such evidence after recording reasons in writing. The Tribunal criticized the Ld. CIT(A) for not independently assessing the admissibility of the additional evidence and instead relying on the AO's opinion.

Issue 5: Failure of Ld. CIT(A) to exercise power granted under the statute:
The Tribunal noted that the Ld. CIT(A) failed to exercise the power granted under subrule (2) of Rule 46A of the Income Tax Rules. By dismissing the Assessee's application for admission of additional evidence solely based on the AO's opinion, the Ld. CIT(A) did not fulfill the obligation to independently evaluate the admissibility of the evidence.

Issue 6: Consideration of cash deposits during demonetization period as business transactions:
Upon reviewing the bank statements, the Tribunal found that the cash deposits made during the demonetization period were utilized for business transactions with a State Government Organization. The Tribunal concluded that these deposits represented legitimate business activities and should not be subjected to taxation under section 69A of the Income Tax Act.

Issue 7: Application of legal principles to ensure fair assessment and deduction of legitimate expenses:
In line with legal precedents emphasizing the importance of not over-assessing an Assessee, the Tribunal directed the Ld. CIT(A) to admit the additional evidence and reevaluate the case on its merits. The Tribunal highlighted the necessity of ensuring that legitimate deductions to which the Assessee is entitled should be allowed while determining taxable income, as per established legal principles.

This detailed analysis of the judgment comprehensively covers all the issues involved, providing a thorough understanding of the legal reasoning and outcomes in each aspect of the case.

← Previous Next →