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2018 (6) TMI 1030 - AT - Income TaxAdditions u/s 68 being cash deposits in the bank accounts - non maintaining of books of accounts - Held that - The undisputed fact is that the assessee had made it very clear in the returns of income that she is not maintaining books of account and yet the Assessing Officer proceeded to make assessment by invoking provisions of section 68 of the Act. It is correct that since no books of account are maintained in the ordinary course of business of the assessee, no such addition u/s 68 of the Act is tenable. The Hon ble jurisdictional High Court of Delhi in the case of Ms. Mayawati 2011 (8) TMI 12 - DELHI HIGH COURT has decided similar issue in favour of the assessee and we are governed by the Hon ble jurisdictional High Court of Delhi. Accordingly, respectfully following the same, we allow the additional ground of appeal so raised by the assessee and direct the Assessing Officer to delete the additions so made u/s 68 of the Act in the respective assessment years which are under appeal before us. - Decided in favor of assessee.
Issues Involved:
1. Applicability of Section 68 of the Income-tax Act, 1961 to cash deposits in bank accounts when the assessee does not maintain books of account. 2. Validity of the additional ground raised by the assessee regarding the non-maintenance of books of account. 3. Examination of judicial precedents and their relevance to the case. Issue-wise Detailed Analysis: 1. Applicability of Section 68 of the Income-tax Act, 1961: The primary issue in these appeals is whether the additions made under Section 68 of the Income-tax Act, 1961, in respect of cash deposits in the assessee's bank accounts, are valid when the assessee does not maintain books of account. The assessee argued that Section 68 could not be applied as it pertains to unexplained credits in the "books of account" of the assessee, which they did not maintain. The Tribunal examined various judicial precedents, including the decision of the Hon'ble Supreme Court in Baladin Ram v. CIT [1969] 71 ITR 427 and the Hon'ble Delhi High Court in CIT v. Ms. Mayawati [2011] 338 ITR 563, which supported the assessee's contention that a bank passbook does not constitute "books of account" for the purposes of Section 68. 2. Validity of the Additional Ground Raised by the Assessee: The assessee raised an additional ground of appeal, arguing that the Assessing Officer erred in making additions under Section 68 despite the non-maintenance of books of account. The Tribunal decided to hear this additional ground as it went to the root of the matter. The Tribunal noted that the revenue authorities were aware that the assessee did not maintain books of account and yet proceeded to make additions under Section 68. The Tribunal found merit in the assessee's argument and held that the Assessing Officer's action was untenable in law. 3. Examination of Judicial Precedents: The Tribunal meticulously reviewed several judicial decisions cited by both the assessee and the Departmental Representative (DR). The DR relied on decisions such as the Special Bench of the Delhi Tribunal in Manoj Aggarwal and the Hon'ble Bombay High Court in Arun Kumar J. Muchhala. However, the Tribunal found that these cases were distinguishable or not applicable to the facts of the present case. The Tribunal emphasized the decision of the Hon'ble Delhi High Court in Ms. Mayawati, which was directly relevant and binding. This decision clarified that Section 68 does not apply when the assessee does not maintain books of account, as a bank passbook cannot be considered "books of account." The Tribunal concluded that the additions made under Section 68 were not justified as the assessee did not maintain books of account. The Tribunal directed the Assessing Officer to delete the additions made under Section 68 for the respective assessment years. Consequently, the appeals filed by the assessee were allowed, and the Tribunal did not find it necessary to delve into the merits of the additions. Conclusion: The Tribunal allowed the appeals of the assessee, holding that Section 68 of the Income-tax Act, 1961, could not be applied to cash deposits in bank accounts when the assessee did not maintain books of account. The Tribunal's decision was based on a thorough examination of judicial precedents, particularly the binding decision of the Hon'ble Delhi High Court in Ms. Mayawati. The order was pronounced in the open court on 08.06.2018.
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