2014 (1) TMI 596 - AT - Income Tax

Addition on account of unexplained initial cash balance Held that - The matter remitted back to the AO for fresh adjudication to examine the availability of cash from earlier assessment years. Addition made on account of low withdrawals Held that - The AO is directed to restrict the addition to 50% on account of low withdrawals - Both the Assessing Officer and the CIT(A) have tabulated the withdrawals made by the assessee and his family members - there is some difference in each of the tabulation - AT the same time, the assessee also could not bring any material on record to show that the withdrawals made by him and his family members are sufficient to meet the domestic expenses Decided partly in favour of Assessee.

Summary

Issues:
1. Unexplained initial cash balance
2. Addition of low withdrawals

Analysis:
1. Unexplained initial cash balance:
The appellant submitted a cash book with an opening cash balance of Rs. 5,21,382 for the assessment year 2002-03, but failed to provide any proof for this amount. The Assessing Officer raised concerns as the appellant had not filed a return for the previous assessment year and questioned the source of funds for investments in fixed deposits. The CIT(A) upheld the addition of Rs. 5,21,382 as unaccounted cash since the appellant could not substantiate the opening balance. The appellant appealed, requesting a re-examination of the cash availability. The Tribunal remitted the issue back to the Assessing Officer to investigate the cash availability from earlier years and decide accordingly.

2. Addition of low withdrawals:
Regarding the addition of Rs. 30,000 for low withdrawals, the coordinate bench in a previous case directed the Assessing Officer to limit the addition to 50% of the original amount, considering the lack of basis for the initial figure. In alignment with this precedent, the Tribunal ordered the Assessing Officer to restrict the addition to Rs. 15,000, reducing the original amount imposed by the Assessing Officer. Consequently, the Tribunal partially allowed this ground of appeal for the appellant for statistical purposes.

In conclusion, the Tribunal partially allowed the appeal, remitting the issue of unexplained initial cash balance for further examination by the Assessing Officer and reducing the addition of low withdrawals based on a previous decision by the coordinate bench.