2018 (12) TMI 54 - AT - Income Tax

Addition of the cash found at the time of search - complete justification & explanation. For the availability of cash was given - Held that - In the present case, the amount was found in the bank locker of the assessee which was joint account along with her husband and no proper explanation or evidence was provided for the amount which was confirmed by the CIT(A). CIT(A) has given a proper partial relief after taking into account the amounts which were gifted to the child of the assessee on various occasions and also as shagun to her from certain occasions. There is nothing new material shown by the assessee as regards the cash found in the locker. Thus, the CIT(A) has correctly confirmed the partial addition - Decided against assessee.

Issues Involved:
1. Addition of ?6,60,000 out of the cash found during the search.
2. Applicability of Section 69A of the Income Tax Act, 1961.
3. Justification and explanation for the availability of cash.
4. Assessment of cash withdrawals and savings.

Detailed Analysis:

1. Addition of ?6,60,000 out of the Cash Found During the Search:
The primary issue revolves around the addition of ?6,60,000 out of the total ?13,00,000 found in the lockers during the search. The assessee argued that the cash was accumulated savings and gifts received over time. However, the CIT(A) confirmed the addition of ?6,60,000, stating that the explanation provided was not fully substantiated with evidence.

2. Applicability of Section 69A of the Income Tax Act, 1961:
The Assessing Officer (AO) invoked Section 69A to treat the cash found in the lockers as unaccounted income. The assessee contested this, arguing that the cash was explained and the section was not applicable. The CIT(A) partially upheld the AO's decision, confirming the addition of ?6,60,000 under Section 69A.

3. Justification and Explanation for the Availability of Cash:
The assessee provided a detailed justification for the cash found, including a cash flow chart showing withdrawals and savings over the years. The CIT(A) acknowledged some of these explanations but found them insufficient to explain the entire amount. The CIT(A) accepted ?6,40,000 as explained through past savings and gifts but confirmed the remaining ?6,60,000 as unexplained.

4. Assessment of Cash Withdrawals and Savings:
The AO and CIT(A) scrutinized the bank statements and cash withdrawals of the assessee. It was noted that the assessee had not made significant withdrawals in the years leading up to the search. The CIT(A) considered the regular withdrawals and the assessee's employment history to estimate a reasonable amount of savings but found the evidence lacking for the entire amount found in the lockers.

Conclusion:
The CIT(A) provided a detailed analysis and partially allowed the assessee's appeal by accepting ?6,40,000 as explained. However, the remaining ?6,60,000 was confirmed as unexplained and added to the income under Section 69A. The Tribunal found no reason to interfere with the CIT(A)'s findings and dismissed the appeal, confirming the partial addition of ?6,60,000. The case laws cited by the assessee were found to have distinguishing facts and did not alter the outcome. The appeal was dismissed, and the order was pronounced in the open court on 28th November 2018.

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