2023 (8) TMI 1455 - AT - Income Tax

Addition u/s 68 - assessee has failed to furnished any satisfactory explanation of the source of cash deposited during demonetization period - CIT(A) deleted addition - HELD THAT - Since the assessee company, as per the AO is in the business of real estate, then the keeping cash on sites of construction and keeping main cash books in the central office is a normal practice to be adopted by such company therefore ignoring main cash book is a vital omission on the part of AO which was resulted into difference in the amount of cash deposit and cash balance only based on site cash books ignoring the main cash book. CIT(A) has relied on the judgment of Kulwant Rai 2007 (2) TMI 185 - DELHI HIGH COURT and Jaya Aggarwal 2018 (3) TMI 1358 - DELHI HIGH COURT observed that when the assessee has shown cash withdrawals during pre demonetization period more than the cash deposited during demonetization then the source cannot be disputed merely on the assumption that such withdrawn amount may have spent by the assessee for some other purpose without any adverse positive material showing such facts. Hon ble jurisdictional High Court held that in absence of any material in support of the view that withdrawals were spent for some other purpose, the conclusion of Tribunal has to be held has right in treating the cash withdrawals from the bank as source of cash found. Thus, as we have noted above, the AO has ignored main cash book while disputing the source of cash and making addition and the ld. CIT(A) considered entire facts and circumstances in the right prospective, no valid reason to interfere with the findings arrived by the ld. CIT(A) - Decided against revenue.

Issues Involved:
1. Deletion of addition of Rs. 2 Cr. under Section 68 of the Income Tax Act.
2. Failure to produce documentary evidence for cash withdrawals.
3. Explanation for hoarding cash over an extended period.
4. Pattern of cash deposits in preceding years.

Summary:

Issue 1: Deletion of Addition of Rs. 2 Cr. under Section 68 of the Income Tax Act
The Revenue questioned the deletion of an addition of Rs. 2 Cr. made under Section 68 of the Income Tax Act, citing impounded documents from M/s Omaxe Limited's premises. The Tribunal found that the assessee had successfully demonstrated that the cash deposited post-demonetization was explained by the available cash balance on 08.11.2016, which was created due to earlier cash withdrawals from bank accounts. The CIT(A) noted that the opening cash balance as on 01.04.2016 was Rs. 4,34,574/-, and the cash balance was increased by substantial bank withdrawals before demonetization, which were verifiable from audited financial statements.

Issue 2: Failure to Produce Documentary Evidence for Cash Withdrawals
The Revenue argued that the assessee failed to produce documentary evidence regarding the amount payable for wages for which cash withdrawals were made. The Tribunal observed that the CIT(A) had considered comparative charts of cash withdrawals and deposits, which showed a consistent pattern in both the financial years 2015-16 and 2016-17. The CIT(A) concluded that the cash withdrawals were genuine and supported by bank statements and cash books.

Issue 3: Explanation for Hoarding Cash Over an Extended Period
The Revenue questioned the reason for hoarding cash for a long time despite the company being a running concern. The Tribunal noted that the CIT(A) found the assessee usually maintained a high cash balance, which was evident from the audited financial statements. The CIT(A) concluded that maintaining high levels of cash balance was a routine business practice of the assessee and not unusual considering the nature of its business.

Issue 4: Pattern of Cash Deposits in Preceding Years
The Revenue contended that there was no pattern of such huge cash deposits in the preceding year. The Tribunal, however, found that the CIT(A) had considered the comparative charts showing substantial cash withdrawals and deposits as a regular feature of the assessee's business. The CIT(A) observed that the cash expenses in the financial year 2016-17 were higher compared to the preceding year, indicating no suppression of cash expenses to show a higher cash balance at the time of demonetization.

Conclusion:
The Tribunal upheld the CIT(A)'s order, noting that the CIT(A) had thoroughly examined the evidence, including audited financial statements, cash books, and bank statements. The Tribunal found no ambiguity or perversity in the CIT(A)'s findings and dismissed the Revenue's appeal. The Tribunal concluded that the cash deposited during the demonetization period was duly explained by the available cash balance and earlier cash withdrawals, and there was no valid reason to interfere with the CIT(A)'s decision. The appeal of the Revenue was dismissed.

← Previous Next →