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2025 (5) TMI 116 - AT - Income TaxAddition u/s 68 - cash deposited in the bank account - assessee has not discharged the onus of proving the identity creditworthiness and genuineness of the transactions relating to the cash deposits during demonetization. HELD THAT - Assessee prompted cash sales by introducing the sale which has not been taken place. Majority of the sales invoices shows the mobile number or the address. AO has not issued any single letter u/s. 133(6) to the buyer when the assessee stated that on the date of demonetization sales was only for Rs. 26, 12, 469/-. The period were demonetization announced was of the festival and marriage seasons therefore when the cash sales is not disputed how the cash sales be disputed with out bringing anything contrary on record. The sales is duly recorded in the books and in the records of the state value added tax records. When the cash is duly recorded in the cash book as proceeds of the sale the same again cannot be added as unexplained and that too without reduced that receipt from the turnover as the ld. AO has already taxed the income generated from the sales. Assessee serviced the decision in the case of Smt. Harshila Chordia 2006 (11) TMI 117 - RAJASTHAN HIGH COURT in which it was held that Addition u/s 68 could not be made in respect of the amount which was found to be cash receipts from the customers against which delivery of goods was made to them . Thus the sales recorded in the books of account of the assessee firm cannot be considered as unexplained and thereby we direct the ld. AO to delete that addition as the assessee has duly supported the source of cash deposited immediately on 3rd day of demonstration which was the proceedings of the sale made by the assessee. The bench noted that it was not the cash of the revenue that the assessee has accounted the sales in cash on the date of demonetization but we note that sales invoice no. 540 541 dated 08.11.2016 was by cheque. Even out of cash deposit of Rs. 70, 00, 000/- the sale after the demonetization was for Rs. 26, 12, 469/- which was also supported by the delivery of goods and having details of the items sold to customer. Considering the overall facts and material placed on record we see no reason to sustain the addition and therefore the same is directed to be deleted. Appeal of the assessee is allowed.
The core legal issue considered in this appeal is whether the addition of Rs. 70,00,000/- made under section 68 of the Income Tax Act, 1961 ("the Act") on account of unexplained cash deposits during the demonetization period is justified. The key questions include:
Issue-wise Detailed Analysis 1. Applicability of Section 68 on Cash Deposits and Explanation of Cash Credits The legal framework under section 68 mandates that where any sum is found credited in the books of an assessee and the assessee fails to satisfactorily explain the nature and source of such credit, the sum may be charged to income tax as the income of the assessee. The provision imposes a burden on the assessee to prove three essential elements: (i) identity of the creditor, (ii) creditworthiness of the creditor, and (iii) genuineness of the transaction. Precedents such as Kale Khan Mohammad Hanif v. CIT and Roshan Di Hatti v. CIT establish that the onus to prove the source of money is on the assessee and failure to discharge this onus permits the revenue to treat the amount as taxable income. The Hon'ble Courts have consistently held that mere production of documents or mentioning PAN numbers without proper confirmations or proof of creditworthiness is insufficient. In this case, the Assessing Officer (AO) noted that the cash deposits of Rs. 3.88 crores in bank accounts, including Rs. 70 lakhs deposited on 11.11.2016 during demonetization, did not reconcile with declared cash sales. The AO found the sale bills to be incomplete and unsigned, lacking purchaser details such as address, mobile number, and PAN, and missing specifics like quantity, weight, and rate of gold or diamonds. The list of 77 persons claimed as purchasers was self-made and unsupported by corroborative evidence. Consequently, the AO held the cash deposits as unexplained credits under section 68. The AO also accepted cash of Rs. 2.61 crores received from partners, supported by confirmations, Income Declaration Scheme (IDS) certificates, and ITRs. However, the Rs. 70 lakh deposit was not satisfactorily explained. The learned CIT(A) upheld the AO's addition, extensively citing case law emphasizing the wide ambit of section 68 and the necessity for the assessee to prove identity, creditworthiness, and genuineness. The CIT(A) also relied on judgments such as Khandelwal Constructions v. CIT and Oasis Hospitalities Pvt. Ltd. to reinforce the principle that the burden lies on the assessee to prove these elements, failing which the addition is justified. However, the assessee contended that the cash deposits represent sales proceeds, supported by regular books of accounts, VAT returns, stock registers, purchase bills, and invoices with customer details. The assessee argued that section 68 applies only to unexplained credits in books and not to cash deposits (which are debit entries in bank accounts). It relied on judgments such as Shree Sanand Textiles Industries Ltd. and Smt. Harshil Chordia v. ITO holding that sales receipts already recorded as income cannot be subjected to addition under section 68. The assessee further submitted that the pattern of sales and purchases was consistent with preceding years, and the firm was registered under the Rajasthan VAT Act, maintaining detailed records. The cash deposits during demonetization were explained as sales made prior to demonetization, and the firm was dissolved shortly thereafter. 2. Validity of Addition on Cash Deposits on Demonetization Day The AO and CIT(A) treated the Rs. 70 lakh cash deposit on 11.11.2016 as unexplained because the sales on that day and the demonetization period were significantly lower, and the bills supporting the sales were deficient as to purchaser details and particulars of goods sold. The AO also observed that the cash deposit was not consistent with the regular pattern of cash sales and that the sale bills appeared fabricated to cover unaccounted cash. In contrast, the assessee submitted comprehensive evidence including cash books, cash flow statements, confirmations of partners' contributions (supported by IDS declarations), and detailed sales invoices with customer names and addresses. The assessee argued that the sales invoices and VAT returns were genuine and reconciled with the books of accounts, and no inquiry was made by the AO under section 133(6) to verify purchasers. The Tribunal noted that the sales invoices for the demonetization day included cheque payments, and the total sales declared for that day were Rs. 26,12,469/-, with corresponding VAT returns accepted by the authorities. The Tribunal observed that the AO had not disputed the turnover or rejected the books of account and had not conducted any inquiry to verify the identity of purchasers. Further, the Tribunal referred to the decision of the jurisdictional High Court in Smt. Harshil Chordia v. ITO, which held that addition under section 68 cannot be made in respect of cash receipts from customers against which delivery of goods was made. The Tribunal also considered the decision of the Jaipur ITAT in Nitin Vijay vs ITO and other recent decisions holding that section 68 is not applicable where sales are duly recorded and supported by books of account. Accordingly, the Tribunal concluded that the addition of Rs. 70 lakhs on account of cash deposits during demonetization was not sustainable as the cash deposits were explained as sales proceeds, duly recorded in books and VAT returns, and supported by stock and purchase records. 3. Treatment of Competing Arguments and Application of Law to Facts The AO and CIT(A) emphasized the strict application of section 68, focusing on the deficiencies in sale bills and lack of purchaser details, asserting that the onus on the assessee to prove identity, genuineness, and creditworthiness was not discharged. They relied on several Supreme Court and High Court rulings that uphold the wide scope of section 68 and the principle that unexplained credits can be added as income. The assessee countered by demonstrating maintenance of regular books, VAT compliance, and furnishing detailed records of purchases, sales, and stock. The assessee argued that the cash deposits corresponded to sales already offered to tax, and therefore, addition under section 68 would amount to double taxation. The assessee also contended that section 68 applies to credits in books of account and not to cash deposits in bank accounts. The Tribunal gave due consideration to both sides, noting that the AO did not dispute the genuineness of purchases, opening and closing stock, or reject the books of account. The Tribunal observed that the AO did not issue any summons or conduct inquiries to verify purchasers, which is a crucial step before making additions under section 68. The Tribunal also found that the sales pattern and turnover were consistent with previous years, and the cash deposits were supported by documentary evidence. On the legal question of applicability of section 68 on cash deposits, the Tribunal agreed with the assessee's contention and judicial precedents that section 68 applies to unexplained credits in books of account and not to cash deposits per se. The Tribunal noted that addition on cash deposits without rejecting the books or disputing sales is not justified. 4. Right to Amend Grounds of Appeal The assessee sought the right to amend, alter, delete, or modify grounds of appeal before the hearing. The Tribunal observed that this ground was general in nature and did not require adjudication. Significant Holdings "Section 68 of the Income-tax Act, 1961, applies to all credit entries in the books of account. The onus lies upon the assessee to prove the identity of the creditor, the creditworthiness of the creditor, and the genuineness of the transaction. Mere production of documents without proper inquiry or confirmation is insufficient to discharge this burden." "Where the cash deposits in bank accounts correspond to sales already recorded in books of account and supported by VAT returns, stock registers, and purchase bills, and where the books of account are not rejected, addition under section 68 on such cash deposits is not sustainable as it would amount to double taxation." "The provisions of section 68 are not applicable to cash deposits in bank accounts per se, but to unexplained credits in books of account. Therefore, addition under section 68 on cash deposits without rejection of books or dispute of sales is not justified." "In the absence of any inquiry or summons issued to verify purchasers or creditors, and where the assessee maintains proper books of account and reconciles sales with purchases and stock, the AO cannot make additions under section 68 merely on the ground of incomplete particulars in sale bills." "The burden of proof under section 68 is fluid and lies initially on the assessee to produce prima facie evidence of identity, creditworthiness, and genuineness, after which the AO must conduct further inquiry before making additions." "The addition of Rs. 70,00,000/- made on account of cash deposits during demonetization is deleted as the assessee has satisfactorily explained the source as sales proceeds duly recorded and supported by documentary evidence." "The assessee's right to amend grounds of appeal before the hearing is acknowledged but not adjudicated as it is a general ground." In conclusion, the Tribunal allowed the appeal of the assessee by deleting the addition of Rs. 70,00,000/- under section 68 of the Act, holding that the cash deposits during demonetization were explained as sales proceeds recorded in books of account and supported by VAT returns and stock records, and that section 68 cannot be invoked on cash deposits without rejection of books or dispute of sales.
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