2021 (2) TMI 1254 - AT - Income Tax

Reopening of assessment u/s 147 - addition on account of cash deposit in the bank account - claim of the assessee was that the deposits in bank were made out of past savings and agricultural income - HELD THAT - During the course of hearing the learned counsel for the assessee has drawn my attention to Revenue record in the form of copy of Jamabandi and Khasra Girdawari. As per copy of Jamabandi, which is enclosed at paper book page 15, it is recorded that the agricultural land was under self cultivation of the assessee. The Revenue has not rebutted this evidence by placing any contrary material on record. Therefore, the finding of the authorities below is contrary to the record. The Assessing Officer is hereby directed to delete the addition.- Decided in favour of assessee.

Summary

Issues:
1. Validity of reopening action under section 147 to 151
2. Validity of addition of cash deposited in bank account
3. Denial of liability towards interest charged under sections 234A, 234B, and 234C

Analysis:

Issue 1: Validity of reopening action under section 147 to 151
The appellant challenged the reopening action of the Assessing Officer (AO) under sections 147 to 151, contending that the Annual Information Return (AIR) data alone is insufficient to establish that income has escaped assessment. The appellant argued that the reassessment proceedings were initiated based on a fallacious assumption and without proper jurisdiction. Additionally, the appellant raised concerns about the mechanical sanction obtained under section 151(1) from the Principal Commissioner of Income Tax. The appellant also questioned the validity of the notice issued under section 143(2) without proper verification of the income tax return. The Tribunal considered these arguments but ultimately upheld the reassessment, stating that the appellant failed to provide evidence to support their claims.

Issue 2: Validity of addition of cash deposited in bank account
The primary issue in this appeal was the validity of adding a specific amount of cash deposited in the bank account. The appellant argued that the cash deposits were sourced from past savings and agricultural income, supported by documentary evidence. The Commissioner of Income Tax (Appeals) dismissed this claim, stating that the appellant did not provide sufficient evidence to substantiate the agricultural income. However, during the Tribunal proceedings, the appellant presented Revenue records, including Jamabandi and Khasra Girdawari, which confirmed the self-cultivation of agricultural land by the appellant. The Tribunal found this evidence credible and directed the Assessing Officer to delete the addition of cash deposited in the bank account, ruling in favor of the appellant.

Issue 3: Denial of liability towards interest charged under sections 234A, 234B, and 234C
The appellant also denied liability towards the interest charged under sections 234A, 234B, and 234C, seeking relief from the same. However, the judgment did not provide detailed analysis or resolution regarding this specific issue, as the focus was primarily on the validity of the cash deposit addition.

In conclusion, the Tribunal allowed the appellant's appeal, directing the deletion of the addition related to cash deposited in the bank account based on the credible evidence provided during the proceedings. The judgment highlighted the importance of substantiating claims with proper documentation and emphasized the need for thorough verification in reassessment proceedings.