2023 (3) TMI 755 - AT - Income Tax

Addition u/s 68 - cash deposits in the bank accounts maintained by the assessee during the demonetization period - Test of reasonableness of the explanation - HELD THAT - Test of reasonableness of the explanation has to be examined in the context of nature of business and other financial dealings of the assessee and how the assessee has maintained documentation in that regard. There cannot be a uniform test which can be applied in each and every situation. Where there is no statutory mandate to get the books of accounts audited, insisting that the books of accounts or for that matter, the cash book is not audited and consequent cash flow statement is not reliable, we find that it is a case where the authorities have not been reasonable in their expectation rather than the case where the assessee has not provided a reasonable explanation. Where the books of accounts, cash book and other documentation so exist and produced for verification, the authorities are well within their right and jurisdiction to examine the same and point out the defects and inaccuracies which may come to their notice. As far as non-reliance on books of accounts and other documentation so submitted by the assessee, we are of the considered view that the action of the lower authorities cannot be sustained. Assessee has submitted copies of balance sheet and profit/loss account of M/s G K Resorts as well as copy of capital account in name of the assessee which is maintained in the books of M/s G K Resorts and we find that the entries therein demonstrate withdrawal of capital by the assessee and the explanation regarding receipt of cash by way of withdrawal from his capital account therefore deserve to be accepted. Assessee has not just provided a reasonable explanation to explain the source of cash deposits but the said explanation has been adequately supported by adequate documentation and in the entirety of facts and circumstances of the case, the addition so sustained by the ld CIT(A) are hereby deleted - Decided in favour of assessee.

Summary

Issues Involved:
1. Sustenance of addition of Rs. 95,55,371/- by CIT(A) against the addition of Rs. 1,11,15,371/- made by the Assessing Officer under Section 68 of the Income Tax Act.
2. Verification of opening cash balance as on 01.04.2016.
3. Documentary evidence for rental receipts and agricultural income.
4. Validity of cash gifts from sons.
5. Assessment of cash flow and personal books of accounts.

Issue-wise Detailed Analysis:

1. Sustenance of Addition by CIT(A):
The appeal challenges the sustenance of an addition of Rs. 95,55,371/- by CIT(A) against the original addition of Rs. 1,11,15,371/- made by the Assessing Officer under Section 68 of the Income Tax Act. The Assessing Officer had determined the peak credit at Rs. 1,11,15,371/- on 01.01.2017, considering it as unexplained cash credit and brought it to tax. The CIT(A) provided partial relief of Rs. 15,60,000/-, but the remaining amount was sustained. The assessee contended that the cash deposits during the demonetization period were from an opening cash balance of Rs. 94.39 lacs, which was not accepted by the Assessing Officer.

2. Verification of Opening Cash Balance:
The assessee claimed an opening cash balance of Rs. 94.39 lacs as on 01.04.2016, supported by a detailed cash flow statement. The Assessing Officer rejected this on the grounds of unverifiability and lack of documentary evidence. However, the assessee argued that the personal cash book, which is not subject to audit, was submitted and that the cash deposits were made from this balance. The assessee emphasized that personal books of accounts are not legally required to be audited, and the cash flow statement was consistent with previous tax filings.

3. Documentary Evidence for Rental Receipts and Agricultural Income:
The assessee provided details of rental income and agricultural income, which were reflected in the income tax returns. The Assessing Officer rejected the rental income explanation due to the absence of TDS, which the assessee countered by stating that TDS was not applicable as the rent from each property did not exceed the threshold limit. For agricultural income, the assessee submitted confirmations from the cultivating tenant, which were not contradicted by the Assessing Officer.

4. Validity of Cash Gifts from Sons:
The assessee received cash gifts from his sons, supported by gift deeds, cash books, and income tax returns of the donors. The Assessing Officer dismissed these gifts as an afterthought and fabricated. However, the assessee argued that these gifts were genuine, supported by sufficient documentary evidence, and the donors had the financial capacity to make these gifts.

5. Assessment of Cash Flow and Personal Books of Accounts:
The assessee maintained a personal cash book and provided a detailed cash flow statement for the relevant financial years. The Assessing Officer rejected the cash book for not being audited. The assessee contended that the personal cash book is not legally required to be audited and that the cash flow statement was consistent with the income declared in previous tax filings. The CIT(A) had the Inspector verify the documents, and no defects were found. The assessee argued that the CIT(A) arbitrarily sustained the addition without considering the Inspector's report.

Conclusion:
The Tribunal found that the assessee had a history of tax filings and disclosure of income sources, and the explanation for the cash deposits was reasonable and supported by adequate documentation. The Tribunal held that the authorities were unreasonable in their expectation of audited personal books and that the assessee had provided a reasonable explanation for the cash deposits. Consequently, the addition sustained by the CIT(A) was deleted, and the appeal was allowed in favor of the assessee.