2019 (11) TMI 140 - AT - Income Tax

Shortage of physical cash-in-hand - Difference in cash balance appearing in the books of the appellant and in hand - survey action u/s 133A - unaccounted purchase of jewellery - HELD THAT - Cash shortage can be given against the unaccounted purchase of jewellery. Revenue did not have any evidence to show that the short cash was utilized elsewhere. Following the parity of reasoning, the said issue should be allowed in favour of the assessee. Therefore, it is directed to the AO and the CIT(A) to delete the entire addition made on account of unaccounted purchase of jewellery as well as cash shortage. Thus, the ground no.2 raised by the assessee is allowed.

Summary

Issues:
1. Assessment under section 144 r.w.s. 147 without failure enumerated under section 144.
2. Addition of ?3,68,729 on account of cash shortage.

Analysis:

Issue 1: Assessment under section 144 r.w.s. 147
The appellant challenged the assessment under section 144 r.w.s. 147, contending that there was no failure on their part as specified under section 144. The counsel for the assessee did not press this ground during the proceedings, leading to its dismissal as not pressed by the Tribunal.

Issue 2: Addition of ?3,68,729 on account of cash shortage
The main contention revolved around the addition of ?3,68,729 due to a cash shortage discovered during a survey action under section 133A. The Assessing Officer added this amount as unaccounted expenditure, which was not recorded in the books. The CIT(A) confirmed this addition based on the argument that the appellant failed to prove that the cash was utilized for expenses later. The appellant argued that the cash shortage was due to expenses and was also used in the excess stock of jewellery. The Tribunal referred to a similar case where it was held that the cash shortage could be adjusted against the unaccounted purchase of jewellery. As the Revenue failed to provide evidence of the cash being utilized elsewhere, the Tribunal directed the deletion of the entire addition made on account of unaccounted purchase of jewellery and cash shortage, allowing the appeal partly in favor of the assessee.

In conclusion, the Tribunal partially allowed the appeal, directing the deletion of the additions made on account of unaccounted purchase of jewellery and cash shortage.