2023 (3) TMI 479 - AT - Income Tax

Addition u/s.68 - Unexplained cash deposits - HELD THAT - The assessee had also received a sum from three parties through proper banking channels. If you consider reconciliation filed by the assessee, we find that there is no difference between closing balance of trade receivables shown in the balance sheet as on 31.03.2013. From the above, it is very clear that claim of cash receipt from trade receivables is backed with various evidences, including confirmations from the parties. Therefore, we are of the considered view that the AO is completely erred in rejecting arguments of the assessee in so far as cash receipt from trade receivables. As regards advance received from M/s.Sri Baba Trading Co., AO is not in dispute with regard to the fact that the assessee has filed confirmation from the parties to substantiate its claim. AO failed to understand the issue because, it is not necessary to match dates of cash receipts from party to date of cash deposit into bank account when the assessee has furnished cash books to explain the receipt of the cash from various parties and deposit of cash to bank account. AO misunderstood the issue without considering cash book maintained by the assessee and come to the conclusion that cash received from M/s.Sri Baba Trading Co., cannot be source for cash deposits found in bank account maintained with M/s.KVB. Therefore, we are of the considered view that the AO is completely erred in rejecting source for cash deposits from M/s.Sri Baba Trading Co - we are of the considered view that the assessee is able to explain source for cash deposits found in bank account maintained with M/s.KVB. CIT(A) after considering relevant facts has rightly deleted the additions made by the AO towards cash deposits u/s.68 and thus, we are inclined to uphold the findings of Ld.CIT(A) and dismiss the appeal filed by the Revenue.

Issues Involved:
1. Deletion of addition made under Section 68 regarding unexplained cash deposits.
2. Reconciliation of trade receivables and cash deposits.
3. Jurisdiction under Sections 143(3) and 145A on the method of accounting.

Detailed Analysis:

1. Deletion of Addition Made Under Section 68 Regarding Unexplained Cash Deposits:
The Revenue challenged the deletion of an addition of Rs.7,26,80,135/- made by the Assessing Officer (AO) under Section 68 of the Income Tax Act, which pertains to unexplained cash deposits. The AO had noted substantial cash deposits in the assessee's bank account and demanded an explanation for the source. The assessee claimed that the cash deposits were from trade receivables and advances from M/s. Sri Baba Trading Co. However, the AO found the explanations unsubstantiated and made the addition as unexplained cash credit.

The Commissioner of Income Tax (Appeals) [CIT(A)] deleted the addition, noting that the assessee provided sufficient evidence, including a reconciliation statement and confirmations from various parties. The CIT(A) found that the AO's analysis was flawed as it did not consider the complete financial data, including sales made during the financial year.

2. Reconciliation of Trade Receivables and Cash Deposits:
The AO's primary contention was that the reconciliation of trade receivables provided by the assessee did not substantiate the cash deposits. The AO considered only the opening and closing balances of trade receivables without accounting for sales during the financial year, leading to a perceived discrepancy.

The CIT(A) and the Tribunal found that the assessee's reconciliation statement, which included detailed trade receivables and sales data, was accurate. The Tribunal noted that the AO had committed a fundamental error by not considering the full financial data, which resulted in an incorrect conclusion about the trade receivables and cash deposits. The Tribunal upheld the CIT(A)'s finding that the assessee had adequately explained the source of cash deposits.

3. Jurisdiction Under Sections 143(3) and 145A on the Method of Accounting:
The assessee also challenged the AO's jurisdiction under Sections 143(3) and 145A regarding the method of accounting. The AO had questioned the reliability of the assessee's books of accounts, suggesting that they were not maintained properly. However, the CIT(A) and the Tribunal found that the assessee had produced all necessary documents, including the sales register, trade receivables, bank book, and trade ledger, which the AO had reviewed.

The Tribunal noted that the AO had not rejected the books of accounts formally but had made a passing reference to their reliability. The Tribunal concluded that the assessee had substantiated its claims with appropriate evidence, and the AO's approach was incorrect.

Conclusion:
The Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s decision to delete the addition made under Section 68. The Tribunal found that the assessee had provided sufficient evidence to explain the source of cash deposits and that the AO had erred in his analysis by not considering the full financial data. The Tribunal also noted that the assessee's method of accounting was not in question, as the necessary documents had been provided and reviewed. The appeal filed by the Revenue was dismissed.

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