2023 (4) TMI 737 - AT - Income Tax

Addition u/s 69A - cash deposit in the bank account of assessee unexplained - Assessee deposited amount in cash in his bank account during demonetization period - HELD THAT - Assessee is a senior citizen having family including Shri Amit Bhardwaj as a son born on 26.01.1988 and his marriage was solemnized on 25.04.2017 with Smt Riddhi Bhardwaj. On the occasion of wedding of son it is obvious that renovation of house and other expenses are incurred by the parents and in such a situation withdrawal of cash is a normal action of a father. We are not in agreement of allegation of Ld. CIT(A) that entire amount of withdrawal was re-deposited is a fact of beyond probability as when the purpose of renovation of house and marriage of son is deferred and the assessee was having cash amount withdrawn from his bank then after declaration of demonetization he had no option but to re-deposit the same to his bank account. This conduct is a normal conduct of a man ordinary prudent which cannot be doubted unless revenue authorities bring on record positive or adverse material to establish that the amount withdrawn by the assessee from his bank account was utilised or deposited somewhere else and the impugned amount of cash deposited by the assessee during demonetization was not the same which was withdrawn by the assessee from his bank account during pre-demonetization period. No such findings have been recorded by the authorities below in this case. Therefore the explanation offered by the assessee explaining the source of cash deposit to his bank account his properly explained and no addition u/s. 69A or any other provision of the Act is required to be made in the hands of assessee on this count. Accordingly grounds of assessee are allowed and AO is directed to delete the addition. Appeal of the assessee is allowed.

Summary

Issues:
The judgment involves the issue of addition of cash deposit in the bank account under section 69A of the Income Tax Act 1961.

Details of the Judgment:

Issue 1: Addition of Cash Deposit
The assessee contested the addition of Rs. 10,49,000/- on account of cash deposit in the bank during demonetization, arguing that the amount was redeposited due to unforeseen circumstances. The assessee explained that the cash was withdrawn for house renovation and his son's wedding, but was redeposited after demonetization was declared. The ITAT referred to a similar case and emphasized that unless it is proven that the withdrawn amount was utilized elsewhere, additions under section 69A are not justified. The tribunal noted the family circumstances and the normalcy of withdrawing cash for such expenses, ultimately ruling in favor of the assessee and directing the deletion of the addition.

Key Points:
- The ITAT highlighted the importance of establishing whether the withdrawn cash was utilized elsewhere before making additions under section 69A.
- The tribunal considered the family circumstances and the common practice of withdrawing cash for house renovation and wedding expenses.
- The judgment emphasized that without concrete evidence that the withdrawn amount was not redeposited, additions under section 69A cannot be sustained.

Conclusion:
The ITAT allowed the appeal of the assessee, directing the Assessing Officer to delete the addition of cash deposit in the bank account during demonetization, as the explanation provided by the assessee was deemed satisfactory and no further additions were warranted under the Income Tax Act.

This summary provides a detailed overview of the judgment, highlighting the key arguments, legal principles, and the final decision made by the ITAT.