2023 (1) TMI 602 - AT - Income Tax

Addition of deposits made in ICICI Bank - CIT(A) has estimated the past reasonable savings of the assessee as only Rs. 5,00,000/- and disallowed the remaining Rs. 3,87,700/- - HELD THAT - While making such an estimation, the Ld. CIT(A) has not shown on what basis such the disallowance were being made. The assessee had shown an opening cash balance of Rs. 7,20,000/- as on 01/04/2008. Therefore the estimation made by the Assessing Officer is not supported with any valid material therefore the disallowance is not justified. Similarly, the gift of Rs. 1,75,000/- received by the assessee from his wife is also disallowed without assigning any reasons thereon. Such a disallowance is not justifiable in law. Therefore we hereby delete both the disallowance of Rs. 3,87,700/- and Rs. 1,75,000/- and allow the assessee s appeal.

Summary

Issues:
Appeal against assessment order under section 143(3) r.w.s. 147 for A.Y. 2009-10 - Addition of unexplained cash deposit - Disallowance of past savings and gift received.

Analysis:
The appeal was filed against an assessment order under section 143(3) r.w.s. 147 for the Assessment Year (A.Y) 2009-10. The case involved the reassessment of an individual assessee who had deposited cash in an ICICI Bank account during the financial year 2008-09. The assessing officer treated the entire cash deposit as unexplained, leading to additions to the assessee's income. The assessee explained that the cash deposits were due to borrowing money for medical emergencies, but this explanation was not accepted. The Commissioner of Income Tax (Appeals) partly allowed the appeal, confirming additions related to gifts and past savings as unexplained income.

In the appeal before the ITAT, the assessee challenged the addition of Rs. 5,62,700 made by the Assessing Officer regarding the deposits in the ICICI Bank. The assessee, a former Government Servant, argued that the past savings were higher than estimated by the CIT(A). It was contended that the disallowance of Rs. 3,87,700 from the past savings and Rs. 1,75,000 received as a gift from the wife were unjustified. The assessee highlighted an opening cash balance and income details to support the claim of higher past savings.

Upon review, the ITAT found that the CIT(A) had not provided a valid basis for the disallowances made. The estimation of past savings and disallowance lacked justification and supporting material. The ITAT noted the opening cash balance and income details presented by the assessee, leading to the conclusion that the disallowances were not justified in law. Consequently, the ITAT deleted the disallowances of Rs. 3,87,700 and Rs. 1,75,000, thereby allowing the assessee's appeal against the additions made.

In the final judgment, the ITAT allowed the appeal filed by the Assessee, ruling in favor of the assessee and deleting the disallowances made by the lower authorities. The decision was based on the lack of valid justification for the disallowances and the supporting evidence provided by the assessee regarding past savings and gifts received.