2010 (11) TMI 970 - AT - Income Tax

Summary

Issues involved:
The issues involved in this judgment are the deletion of addition of cash deposits made by the Assessing Officer u/s. 68 of the IT Act as unexplained, and the deletion of addition of unverified expenses made by the Assessing Officer.

Deletion of Addition of Cash Deposits:
The Assessing Officer noted cash deposits of &8377; 11,42,000 made by the assessee with Standard Chartered Bank, New Delhi, which were treated as income from undisclosed sources u/s 68 of the IT Act. The Ld. Commissioner of Income Tax (Appeals) considered the submissions of the assessee, who explained that the cash deposits were actually &8377; 10,02,000 and were made by withdrawing money from the same bank account to show more turnover for the issue of ATM/Platinum card. The appellant provided cash flow statements, bank statements, and details of commission received for verification. The Ld. Commissioner of Income Tax (Appeals) found that the appellant had successfully explained the source and nature of the cash deposits, and as no adverse material was found, the addition made by the Assessing Officer was deleted. The revenue appealed against this decision, but the Tribunal upheld the order, noting that the Assessing Officer did not provide any adverse record to counter the appellant's submissions.

Deletion of Addition of Unverified Expenses:
The Assessing Officer disallowed &8377; 44,585 as 25% of unverified expenses claimed by the assessee. However, the Ld. Commissioner of Income Tax (Appeals) found that the assessee had submitted details and proof of expenses, which were sent for examination to the Assessing Officer. As the Assessing Officer did not provide any contrary remarks or findings, the Ld. Commissioner of Income Tax (Appeals) considered the expenses claimed as genuine and justified, and the addition made on this account was deemed unsustainable. The revenue appealed against this decision, but the Tribunal upheld the Ld. Commissioner of Income Tax (Appeals) order, stating that the Assessing Officer's disallowance based solely on lack of evidence could not be sustained as the vouchers were now available.

Conclusion:
The Tribunal dismissed the revenue's appeal and the assessee's cross objection, affirming the Ld. Commissioner of Income Tax (Appeals) orders in both issues.