2018 (12) TMI 1377 - AT - Income Tax

Unexplained cash found deposited in the bank - admissibility of additional evidence - Held that - Assessee has substantiated its explanation by way of filing bank statement reflecting the purchase of the said assets which was filed to the lower authorities but which has, we find, not been controverted by the Revenue at any stage. The assessee, therefore, proved the existence of the machinery which was sold in the impugned year and has therefore, substantiated its explanation to this extent. Further copy of sale invoice which was filed to the Revenue authorities also substantiates the explanation of the assessee. The Ld.CIT(Appeals) and the Assessing Officer, we hold, had erred in treating the same as additional evidence and rejecting admission of the same for adjudicating the issue. Reliance placed by the Revenue merely on the submission made by the assessee we hold is not of much relevance since the assessee has duly explained that the question raised to which was understood to be on account of purchase and sale of flat machinery with regard to which the assessee had stated that it had not sold any such machines while the sale made by the assessee related to embroidery machines. Thus addition cannot be made by holding the cash deposits as unexplained - Decided in favour of assessee

Issues Involved:
1. Addition of ?4,50,000 on account of unexplained cash deposits in the bank.
2. Admission of additional ground regarding the remand report not provided to the assessee.

Detailed Analysis:

1. Addition of ?4,50,000 on Account of Unexplained Cash Deposits:

The primary issue in this appeal pertains to the addition of ?4,50,000 made by the Assessing Officer (AO) and sustained by the Commissioner of Income Tax (Appeals) [CIT(A)] on account of unexplained cash deposits in the bank. The assessee argued that this amount was from the sale of machinery. The CIT(A) rejected this claim based on the assessee's statement to the Income Tax Officer, where he admitted that no machinery was sold. However, the bank statement narrated the deposit as being from the sale of machinery.

The assessee contended that the machinery was purchased for ?4,74,000 and sold for ?4,50,000, suffering a loss of ?24,000, and this amount was deposited in cash. The bank confirmed that the description in the bank statement was based on the assessee's verbal request. The assessee provided the bank statement showing the purchase of the machinery and argued that the explanation was not an afterthought, as it was consistent with the information given to the bank at the time of deposit.

The CIT(A) rejected the explanation based on the statement recorded on 09.08.2010, where the assessee stated on oath that no machinery was sold. However, the assessee clarified that the statement referred to flat machinery, while the sold machinery was knitting and embroidery machinery. The CIT(A) also refused to admit the sale invoice as additional evidence, which the assessee argued was not additional evidence but had been submitted during the assessment proceedings.

The Tribunal found merit in the assessee's contention, noting that the explanation was consistent and substantiated by the bank statement and the sale invoice. The Tribunal held that the CIT(A) and AO erred in treating the sale invoice as additional evidence and in rejecting the admission of the same. The Tribunal concluded that the cash deposited in the bank to the extent of ?4,50,000 was duly explained and directed the deletion of the addition.

2. Admission of Additional Ground Regarding the Remand Report:

The assessee raised an additional ground that the CIT(A) erred in sustaining the addition based on the remand report submitted by the AO without providing the report to the assessee, thus denying an opportunity to rebut the report. The Tribunal agreed that this was a legal ground and admitted it for adjudication. The Tribunal found that the CIT(A) should have given the assessee an opportunity to rebut the remand report before relying on it.

Conclusion:

The Tribunal allowed the appeal, holding that the cash deposit of ?4,50,000 was duly explained as being from the sale of machinery. The Tribunal directed the deletion of the addition and admitted the additional ground regarding the remand report, emphasizing the need for procedural fairness. The appeal filed by the assessee was allowed, and the order was pronounced in the open court.

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