2017 (3) TMI 960 - AT - Income Tax

Unexplained cash deposits - Held that - In view of gross and unsupported peculiar explanation of cash deposits arising due to non-payment towards purchases while purported cash received against the sales made over a period have been deposited in bank, we find that the assessee has failed to discharge any onus which cast upon it for which the Assessing Officer cannot be faulted. We also find that the assessee has wrongly attempted to shift the onus on the Assessing Officer for cross-examination. Similarly, we also note that the assessment order in the present case has been passed at the fag end of the limitation period after giving sufficient opportunity to the assessee and therefore, the claim of the assessee that no reasonable time was granted is devoid of merit. Resultantly, we do not find any merit whatsoever in the explanation offered by the assessee towards cash deposits. - Decided against assessee.

Issues Involved:
1. Addition of ?10,54,000/- in respect of deposit made in ICICI Bank.
2. Treatment of the business of cloth as an afterthought.
3. Consideration of the affidavit of Shri Piyush Patel.
4. Treatment of cash deposits in the banks as out of undisclosed sources.
5. Explanation of cash deposits in the banks.

Detailed Analysis:

1. Addition of ?10,54,000/- in respect of deposit made in ICICI Bank:
The assessee declared a total income of ?3,81,652/- for Assessment Year 2009-10. During scrutiny, the Assessing Officer (AO) found cash deposits of ?18,70,000/- in Axis Bank and ?10,54,000/- in ICICI Bank. The assessee claimed these deposits were from the sale of cloth items. However, the AO found the trading concerns untraceable and the purported suppliers denied transactions. Consequently, the AO treated the ?10,54,000/- deposit as undisclosed income.

2. Treatment of the business of cloth as an afterthought:
The AO scrutinized the assessee's claim of trading in cloth items and found inconsistencies. The suppliers, M/s. Utsav Corporation and M/s. Jay Ambe Sales Corporation, were either unresponsive or denied transactions. The AO noted that the assessee's claim of continuous supply without payment was unnatural. The CIT(A) upheld this view, noting the lack of independent evidence for the trading business, and termed the business claim as an afterthought.

3. Consideration of the affidavit of Shri Piyush Patel:
The assessee presented an affidavit from Shri Piyush Patel, proprietor of M/s. Jay Ambe Sales Corporation, retracting his earlier statement denying transactions. The CIT(A) dismissed this affidavit as a self-serving document. The Tribunal noted that the affidavit was filed after the assessment order and was not supported by a request for cross-examination. The Tribunal found the retraction unconvincing and an afterthought.

4. Treatment of cash deposits in the banks as out of undisclosed sources:
The AO treated the cash deposits in ICICI Bank and Axis Bank as undisclosed income due to the lack of credible evidence supporting the assessee's claims. The Tribunal upheld this view, noting the implausibility of the assessee's explanation and the failure to provide corroborative evidence.

5. Explanation of cash deposits in the banks:
The assessee claimed the cash deposits were from sales proceeds. However, the AO found the explanation unconvincing due to the lack of payment to suppliers and the denial of transactions by one supplier. The Tribunal noted the improbability of the business narrative and the lack of evidence for the claimed trading activities. The Tribunal concluded that the assessee failed to discharge the onus of proving the source of cash deposits.

Conclusion:
The appeals of both assessees were dismissed. The Tribunal found the explanation for the cash deposits unsupported by evidence and the business claims unsubstantiated. The retraction affidavit was deemed an afterthought, and the treatment of cash deposits as undisclosed income was upheld. The Tribunal emphasized the lack of credible evidence and the improbability of the assessee's narrative.

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