2022 (4) TMI 592 - AT - Income Tax

Addition u/s 68 - unexplained deposits made in bank accounts - HELD THAT - As assessee after referring various acknowledgement of e-filing has furnished complete details to substantiate the credit entry in the bank account of assessee and that such evidence was not considered by the ld. CIT(A)/NFAC. We find merit in the submission of the ld. AR of the assessee that the assessee has furnished sufficient documentary evidences to substantiate its contention with regard to credit entries in the bank account of the assessee. AO also passed the assessment order and made huge addition of entire credit found in various banks accounts. We find that the ld. CIT(A)/NFAC ignored the vital piece of evidence, therefore, keeping in view the relevancy of the evidences, the appeal of the assessee is restored back to the file of the ld. CIT(A)/NFAC to adjudicate all the grounds of appeal raised by the assessee afresh by passing a speaking order after considering the entire evidences. The assessee is also directed to make proper compliance and to furnish necessary details and evidences if so desired. Assessee appeal allowed for statistical purposes.

Summary

Issues:
1. Addition under Section 68 of ?13,94,23,769 without proper consideration of submissions and documents.
2. Rejection of explanation for deposits in bank accounts despite supporting documents.
3. Failure to consider vital facts before sustaining the addition.
4. Alternate prayer for adopting the concept of real income.
5. Legality of notice issued under Section 148.

Analysis:

Issue 1:
The appellant challenged the addition under Section 68 of ?13,94,23,769, arguing that the ld. CIT(A) erred in confirming it without adequately considering the written submissions, supporting documents, and judicial decisions filed during the appellate proceedings. The appellant contended that the nature and source of the deposits were explained with supporting documents, including purchase bills, sale bills, bank statements, and other records. The rejection of the books of accounts under Section 145(3) was also disputed. An alternate prayer was made to restrict the addition to 1% of disputed transactions.

Issue 2:
The appellant further argued that the ld. CIT(A) failed to consider the explanation for deposits made in bank accounts despite providing supporting documents. The appellant emphasized that the transactions corresponded to consideration received on sales of goods, realization of debtors, and business receipts already credited to the audited Profit & Loss account. The appellant highlighted the extensive documentary evidence submitted, which was not disputed by the Assessing Officer or the ld. CIT(A).

Issue 3:
The appellant contended that the ld. CIT(A) did not consider vital facts before upholding the addition of cheque/RTGS deposits in bank accounts. The appellant emphasized the need to prove the genuineness of transactions, identity, creditworthiness, and the nature of transactions. The appellant referred to the responsibility of the assessee to prove the source of income, citing relevant case law.

Issue 4:
An alternate prayer was made by the appellant to adopt the concept of real income and restrict the addition to 1% of disputed transactions, highlighting the need for a fair assessment of the actual income derived from the transactions in question.

Issue 5:
The legality of the notice issued under Section 148 was challenged by the appellant, arguing that it was vague and lacked fresh tangible material, indicating a lack of reason to believe in income escapement. The appellant questioned the basis of the notice issued and the absence of substantial grounds for reopening the assessment.

The Tribunal, after hearing submissions from both parties, found merit in the appellant's argument that sufficient documentary evidence was provided to substantiate the credit entries in the bank account. The Tribunal noted that the ld. CIT(A) had overlooked crucial evidence and, therefore, decided to restore the appeal to the ld. CIT(A) for a fresh adjudication, directing a comprehensive review of all grounds raised by the appellant and emphasizing the consideration of all evidence provided. The appellant was instructed to comply with any further requirements for a fair assessment. The appeal was allowed for statistical purposes only.