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2017 (4) TMI 1482 - AT - Income TaxAddition u/s 68 - Unexplained cash deposited in the bank account - assessee explained the source of deposit as sale consideration of the agriculture land - HELD THAT - Assessing Officer has not disputed the sale of agriculture land on 23.6.2008 for a consideration of ₹ 46,99,500. Therefore when this amount of sale consideration was not utilized by the assessee for any other purpose then merely because the assessee has not deposited this amount in the bank prior to this year cannot be a reason for denial of explanation. Accordingly, when the assessee was having sufficient cash with her as a sale consideration of agriculture land then the same cannot be ignored or denied as a source of deposit in the bank. Further there is no dispute that this is a transaction of deposit in the bank therefore the issue of applicability of Section 68 arises in view of the various decisions of this Tribunal as well as the decision of Hon'ble Bombay High Court in the case of CIT Vs. Bhaichand N Gandhi 1982 (2) TMI 28 - BOMBAY HIGH COURT - thus the addition made under Section 68 of the Act is deleted. - Decided in favour of assessee
Issues Involved:
1. Whether the CIT (Appeals) erred in confirming the addition made by the Assessing Officer under Section 68 of the Income Tax Act, 1961, on account of cash deposited in the bank account. 2. Applicability of Section 68 to deposits in bank accounts. 3. Validity of the explanation provided by the assessee regarding the source of cash deposits. Issue-wise Detailed Analysis: 1. Confirmation of Addition under Section 68: The primary issue in this appeal is whether the CIT (Appeals) erred in confirming the addition made by the Assessing Officer under Section 68 of the Income Tax Act, 1961, for cash deposits amounting to ?27,23,100 in the assessee's bank account. The Assessing Officer had accepted the source of deposits to the extent of ?11,31,000 but questioned the remaining amount. The assessee explained that the cash deposits were from the sale of agricultural land amounting to ?46,99,500, and also cited an opening cash balance and withdrawals from the bank account. However, the CIT (Appeals) did not accept this explanation, citing a change in the assessee's stand from the sale of land to an opening cash balance and bank withdrawals. 2. Applicability of Section 68 to Bank Deposits: The second issue is whether Section 68 can be applied to deposits in a bank account. The assessee argued that Section 68 applies only to credits in the books of accounts, not to bank passbooks. The Tribunal referenced the decision in the case of Mrs. Farha Kausar Vs. ITO, which held that Section 68 could only be invoked for cash credits in the books of accounts, and a bank passbook cannot be considered as such. This view was supported by the decision of the Hon'ble Bombay High Court in CIT Vs. Bhaichand N Gandhi, which stated that a passbook supplied by the bank cannot be regarded as a book maintained by the assessee. 3. Validity of Assessee's Explanation: The assessee provided multiple explanations for the source of cash deposits, including the sale of agricultural land and an opening cash balance. The Tribunal noted that the sale of agricultural land for ?46,99,500 was not disputed by the Assessing Officer. The Tribunal found that merely because the cash was not deposited in the bank immediately after the sale could not be a reason to deny the explanation. The Tribunal also referenced the decision in Kamal Kumar Mishra, which emphasized that the provisions of Section 68 could not be invoked without the existence of books of accounts maintained by the assessee. Conclusion: The Tribunal concluded that the addition under Section 68 was not justified as the assessee had provided a plausible explanation for the cash deposits, and the bank passbook could not be considered a book of accounts for the purposes of Section 68. Consequently, the appeal of the assessee was allowed, and the addition made by the Assessing Officer was deleted. Order: The appeal of the assessee is allowed, and the addition made under Section 68 of the Income Tax Act, 1961, is deleted. The order was pronounced in the open court on 28th April 2017.
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