2004 (6) TMI 641 - AT - Income Tax

Summary

Issues:
1. Estimation of income from trading business.
2. Addition of cash deposits in the bank.
3. Treatment of unexplained income.

Estimation of income from trading business:
The assessee declared an income of Rs. 42,140 for the assessment year, including income from trading in plastic granules and salary from a partnership firm. The Assessing Officer estimated the trading income at Rs. 35,000 due to lack of maintained books of account. The CIT(A) upheld this estimation. However, the ITAT found the estimation excessive and restricted the trading income to Rs. 25,000 based on the totality of facts and circumstances.

Addition of cash deposits in the bank:
The Assessing Officer noted cash deposits in the bank and questioned the source of these funds. The assessee explained the sources of the deposits, attributing them to withdrawals and current year's income. The Assessing Officer deemed Rs. 33,500 as undisclosed income. The ITAT, after considering submissions and precedents, found the assessee's explanations satisfactory. It concluded that the revenue authority lacked material to doubt the correctness of the claims, leading to the deletion of the addition.

Treatment of unexplained income:
Regarding an initial investment of Rs. 35,000, the Assessing Officer considered it unexplained. The assessee detailed the sources of a larger deposit with a firm, including loans and cash. The Assessing Officer accepted most of the explanation but disallowed Rs. 35,000. The CIT(A) confirmed this addition after the assessee failed to substantiate certain receipts. The ITAT agreed with the authorities' analysis of the receipts and upheld the addition related to unproven amounts. Consequently, the ITAT partially allowed the assessee's appeal.