2019 (8) TMI 1854 - AT - Income Tax

Unexplained cash deposits in the bank account - receipt of cash on sale of Popular tree - assessee explained that he alongwith his family members has 27.5 Acres of agriculture land and there were Popular Trees on 20 Acres of land and that the trees were also planted on the periphery of the field which were sold for Rs. 20.65 lacs during April and May 2009 - HELD THAT - In the present case, the A.O. while observing that trees were already cut in the earlier years had not brought any evidence on record to rebut this contention of the assessee that the Popular trees were already planted on the periphery of the field. Therefore, by considering the totality of the facts, particularly the acceptance given by the purchasers of the Popular trees in their respective affidavits, sale proceeds from Shri Ziledar Ali and Shri Mohan Walia apart from the agriculture income estimated by the Ld. CIT(A) at Rs. 11,00,000/- was sufficient to make the deposit of Rs. 26,68,850/- in the bank account of the assessee. In that view of the matter the addition sustained by the Ld. CIT(A) is deleted. Appeal of the assessee is allowed.

Summary

Issues:
1. Sustenance of addition of Rs. 13,68,850/- out of total addition of Rs. 26,68,850/- made by A.O. on account of cash deposits in bank account.

Analysis:
The case involved an appeal by the assessee against the order of Ld. CIT(A)-4, Ludhiana, specifically challenging the sustenance of an addition of Rs. 13,68,850 out of a total addition of Rs. 26,68,850 made by the Assessing Officer (A.O.) on the basis of cash deposits in the bank account. The A.O. initiated proceedings under section 148 of the Income Tax Act, 1961, after finding that the assessee had deposited cash in his savings bank account with Axis Bank Limited. The assessee explained that the cash came from selling "Popular Trees" planted on his land, but the A.O. doubted this explanation. The Ld. CIT(A) sustained the addition of Rs. 13,68,850, reducing the total addition. The key issue was the substantiation of income from the sale of Popular Trees.

The Ld. CIT(A) observed that the assessee failed to substantiate the income from the sale of Popular Trees, leading to the rejection of the claim and treating it as income from undisclosed sources. The assessing officer reduced the declared agriculture income, estimating the income from agricultural operations at a lower rate. The Ld. CIT(A) partly allowed the appeal, reducing the addition by considering certain aspects such as the agricultural operations on the land and the presence of Popular Trees. The addition was reduced to Rs. 13,68,850 under section 69A of the Income Tax Act, 1961.

During the appeal, the assessee reiterated that all necessary documents were provided to the A.O., including affidavits from purchasers of Popular Trees. The assessee argued that the sale proceeds from the trees explained the cash deposits in the bank account. The Ld. Sr. DR, however, supported the orders of the authorities below, emphasizing the lack of evidence for the cash deposits. The Tribunal noted the contentions of both parties and examined the material on record.

The Tribunal found that the A.O. had not provided sufficient evidence to rebut the assessee's claim that Popular Trees were sold, as supported by affidavits and other documents. The Tribunal considered the totality of facts, including the acceptance of purchase by buyers in affidavits, and concluded that the sale proceeds from the trees were enough to explain the cash deposits. Consequently, the addition sustained by the Ld. CIT(A) was deleted, and the appeal of the assessee was allowed.