2022 (12) TMI 535 - AT - Income Tax

Addition of deposits found in bank statement u/s 68 - CIT-A confirmed part addition - HELD THAT - Assessee has duly submitted the cash flow statement and cash balance adequate to cover the deposits was reflected therein. On the ground of inadequate withdrawal for personal purpose, the Assessing Officer did not give any credit and added entire deposit. As regards merit of the cash flow, adequate cash flow was available for deposits in the bank account. Hence, the assessee deserves to succeed on this count that there was available cash withdrawal from earlier period which is sufficient to cover the deposit amount. CIT(A) has been totally arbitrary in allowing part addition without any basis. Hence, the assessee deserves to succeed on this count only and in my considered opinion that the cash flow statement submitted which has been duly recognised by the Ld. CIT(A) also is covering the cash deposits in the bank account. The authorities below have made part disallowance only on presumption about the personal expenses of the assessee, which is totally based on surmises and cannot be sustained. Hence we set-aside the order of the Ld. CIT(A) and decide the issue in favour of the assessee.

Summary

Issues:
- Confirmation of addition to income for household expenses
- Invocation of Section 115BBE for unexplained cash deposits
- Legality of penalty under section 271 AAB(1 A) and interest charged under section 234A/B/C

Confirmation of Addition for Household Expenses:
The appeal involved the confirmation of an addition to the income of the assessee for household expenses. The Assessing Officer noted certain cash deposits totaling Rs. 19,45,000 during the relevant year, which the assessee claimed were utilized for household expenses. The Assessing Officer deemed the submission unbelievable and added the amount under section 68 of the Act. The CIT(A) confirmed a portion of the addition ad-hoc, while deleting the rest. The Tribunal, after considering the cash flow statement submitted by the assessee, found that there was adequate cash available to cover the deposits. The Tribunal criticized the CIT(A) for sustaining the addition without a proper basis, ultimately deciding in favor of the assessee and deleting the remaining Rs. 8,00,000.

Invocation of Section 115BBE for Unexplained Cash Deposits:
Another issue involved the invocation of Section 115BBE by the assessing officer for alleged unexplained cash deposits in the bank. The CIT(A) confirmed the action of the assessing officer in invoking this provision. However, the Tribunal found the tax levied under Section 115BBE to be unreasonable and excessive, lacking sufficient material and evidence. The Tribunal set aside the CIT(A)'s order on this issue, deciding in favor of the assessee.

Legality of Penalty and Interest Charges:
The final issue pertained to the penalty initiated under section 271 AAB(1 A) and the interest charged under section 234A/B/C. The Tribunal found the penalty and interest charges to be illegal and bad in law. The Tribunal partly allowed the appeal of the assessee, setting aside the penalty and interest charges.

In conclusion, the Tribunal ruled in favor of the assessee on all issues, deleting the addition for household expenses, overturning the invocation of Section 115BBE for unexplained cash deposits, and declaring the penalty and interest charges as illegal and bad in law. The appeal was partly allowed, with the Tribunal delivering the order on 23rd November 2022.