2018 (6) TMI 1668 - AT - Income Tax

Short cash found at the time of survey - Survey proceedings u/s.133A - HELD THAT - We fail to understand the basis of making this addition. In fact, in the absence of any other evidence regarding the user of such cash available as per cash book but not found physically at the time of survey, the same should have been considered as utilized for purchasing goods which was found in excess of book stock and therefore, even in respect of excess book stock, extra income to be declared or added could have been reduced to the extent of short cash found. But it is seen that the assessee has declared total amount of excess stock found as additional income. Be that as it may but in our considered opinion, no addition is called for in respect of short cash found at the time of survey in the facts and circumstances of the present case and hence, we delete the same. - Appeal of assessee allowed.

Summary

Issues:
1. Addition of cash difference as income during survey proceedings.
2. Denial of liability to pay interest u/s 234B & C of the IT Act.

Analysis:
1. Addition of cash difference as income during survey proceedings: The appeal was filed against the order of the CIT(A) for Assessment Year 2014-15. The assessee contested the addition of a cash difference of ?1,82,527 found during a survey conducted under section 133A of the IT Act. The assessee argued that the addition was unjustified as there was no cash found on the date of the survey. The AO had added this amount as income, but the ITAT held that there was no basis for this addition. The ITAT noted that the excess stock found during the survey could have been related to the missing cash balance and suggested that the excess stock could have been purchased using the missing cash. The ITAT concluded that no addition was warranted for the cash difference found during the survey and deleted the same.

2. Denial of liability to pay interest u/s 234B & C of the IT Act: The appellant also contested the liability to pay interest under sections 234B and 234C of the IT Act. The appellant argued that the interest levied was erroneous and should be deleted. However, the judgment did not provide detailed analysis or discussion regarding this issue. The ITAT allowed the appeal filed by the assessee without specifically addressing the interest liability issue, focusing primarily on the addition of cash difference as income during the survey proceedings.

In conclusion, the ITAT Bangalore held in favor of the assessee, ruling that the addition of the cash difference found during the survey as income was unjustified and deleted the same. The judgment did not delve deeply into the denial of interest liability under sections 234B and 234C of the IT Act.