2019 (5) TMI 1556 - HC - Income Tax

Addition u/s 69 - Unexplained investments - unexplained cash found deposited in the bank account of the assessee - as per CIT-A making cash withdrawals at one point of time cannot be a sole basis for explaining the cash deposit in future - HELD THAT - When the assessee was asked to explain, she stated that the same was attributable to her opening cash in hand and furnished a copy of cash book for the relevant financial year showing opening balance of ₹ 22,50,000/-. The assessee was asked to justify the opening balance to which it was submitted that the cash in hand to the tune of ₹ 20 lacs was on account of cash withdrawn by her in the preceding year in June 2012 for the purpose of investment which was not made due to lack of investment and thus remained as such with her. The Assessing Officer noticed that the assessee had raised loans and also withdrawn cash numerous times thereafter which was not needed, if she already had so much cash in hand and had deposited cash in three installments after a period of 8-9 months. The Assessing Officer not accepting her explanation made the addition of ₹ 20,79,000/- on account of unexplained deposits, to the returned income of the assessee. The CIT(A) in appeal held that the circumstances showed that the withdrawal attributed by the assessee to the opening cash in hand was not actually available with her so as to justify the cash deposited. The Tribunal upheld the findings recorded by the Assessing Officer and the CIT(A). The concurrent findings of fact recorded by the authorities below have not been shown to be illegal or perverse by the learned counsel for the appellant-assessee warranting interference by this Court. No substantial question of law arises.

Summary

Issues:
1. Interpretation of Section 69 of the Income Tax Act
2. Treatment of redeposit of cash withdrawn from bank account
3. Burden of proof on Assessing Officer
4. Application of Section 69 on cash transactions duly recorded in cashbook
5. Exercise of discretion by Assessing Officer under Section 69
6. Interpretation of ambiguous provisions in favor of the assessee

Analysis:
1. The main issue in this case pertains to the addition made under Section 69 of the Income Tax Act regarding unexplained cash deposits in the appellant-assessee's bank account amounting to ?20,79,000. The appellant claimed that the cash was withdrawn for investment but redeposited due to failed investment plans. However, the Assessing Officer found the explanation inadequate, leading to the addition of the said amount to the appellant's taxable income.

2. The Tribunal upheld the Assessing Officer's decision, stating that the appellant's explanation was not plausible. Despite claiming the cash was withdrawn for investment and later redeposited, the staggered manner of redeposit and subsequent loan transactions raised doubts about the legitimacy of the explanation. The Tribunal emphasized that a mere cash withdrawal for investment does not automatically justify future cash deposits, considering the totality of circumstances.

3. The appellant argued that the Assessing Officer failed to discharge the preliminary burden of demonstrating the existence of investments for the application of Section 69. However, the Tribunal found that the appellant's explanations did not adequately support the cash transactions, leading to the addition of the amount under Section 69 as unexplained deposits.

4. The appellant also contended that the cash transactions were duly recorded in the cashbook, indicating transparency and legitimate sources of funds. Despite this, the Assessing Officer and subsequent authorities found discrepancies in the explanation provided by the appellant, leading to the inclusion of the cash deposits as taxable income under Section 69.

5. The Assessing Officer's exercise of discretion under Section 69 to declare the sum as the appellant's income was challenged by the appellant. However, the Tribunal, along with the CIT(A), upheld the Assessing Officer's decision based on the lack of substantiated explanations and the questionable nature of the cash transactions.

6. In cases of ambiguity in interpreting Section 69, the appellant argued that the statute should be read in favor of the assessee. However, the Tribunal found no grounds to interfere with the concurrent findings of fact by the lower authorities, concluding that no substantial question of law arose, and subsequently dismissed the appeals.

In conclusion, the High Court upheld the decisions of the lower authorities, dismissing the appeals of the appellant-assessee regarding the addition of unexplained cash deposits under Section 69 of the Income Tax Act.