2023 (5) TMI 1206 - AT - Income Tax

Unexplained deposits in cash in bank - assessee's father was the owner of agriculture land and the said cash was deposited partly out proceeds from sale of agriculture land belonging to father - as argued AO only had taken the amount for depositing cash in bank but not consider the withdraw of cash during assessment proceeding - HELD THAT - As it is very clear that the assessee filed the return for the impugned assessment year and the cash deposited from the well explained source for selling of the property of his father. The assessee is a power of attorney holder of his father for selling the land, copy of the power of attorney dated 17.02.2012 along with English Translation are duly. The documents are duly filed before both the authorities. After considering the factual matrix the assessee cannot be deemed assessee as mentioned by the AO in the remand report. In remand report the ld. AO accepted the fact that the properties are not related with the assessee and the cash was originated from the sale of property and the assessee s own source which is explained in cash account of assessee. The concept of the deemed assessee cannot be sustained as per the explanation of section 159 and 160 r.w.s 2(7) - assessee is not liable for payment of tax related to sale of property which belong to his father. The source of cash deposited in bank accounts is well explained considering the cash trial of the assessee. AO had only considered the cash deposit. Deposit of cash was duly explained during the remand before the ld. AO. Entire issue was explained before both the lower authorities by the assessee. DR has not submitted any contrary fact or any judgment against the submission of the ld. AR. So, the addition made by the ld. AO is quashed. Decided in favour of assessee.

Issues Involved:
1. Ex-parte order passed u/s 250(6) by CIT(A).
2. Addition of Rs. 19,547,959 on account of cash deposits.
3. Consideration of agricultural income and sale proceeds from the property.
4. Joint bank accounts and attribution of cash deposits.
5. Regular filing of returns and duty of further investigation by AO and CIT(A).

Summary:

1. Ex-parte order passed u/s 250(6) by CIT(A):
The appellant argued that the CIT(A) erred in dismissing the appeal by passing an ex-parte order u/s 250(6) without examining the merits of the case. The appellant contended that the order was made without considering the remand report submitted by the jurisdictional assessing officer and without considering the submissions made during the appellate proceedings.

2. Addition of Rs. 19,547,959 on account of cash deposits:
The appellant challenged the addition of Rs. 19,547,959, arguing that the cash deposits in Punjab & Sind Bank and HDFC Bank were not properly reconciled by the AO. The appellant claimed that the source of cash deposits was from the sale of immovable properties and loans from the father of the appellant. The appellant submitted that as a power of attorney holder, the amount related to the sale of the land should not be taxed in his hands.

3. Consideration of agricultural income and sale proceeds from the property:
The appellant argued that the CIT(A) erred in confirming the addition without considering the agricultural income earned by the appellant and the rotation of funds. The appellant provided affidavits from the father, stating that the cash deposited was partly from the sale proceeds of agricultural land belonging to the father. The appellant also submitted detailed documents, including sale deeds and affidavits, to support the source of the cash deposits.

4. Joint bank accounts and attribution of cash deposits:
The appellant contended that the CIT(A) erred in confirming the addition by ignoring the fact that all the savings bank accounts were joint accounts. The appellant argued that the cash deposits could not be limited to the first account holder and should be attributed to both account holders.

5. Regular filing of returns and duty of further investigation by AO and CIT(A):
The appellant argued that the CIT(A) and AO failed to carry out further investigations through banks as required under section 250(4). The appellant highlighted that he had been regularly filing returns of income and showing business income, and thus, the authorities were duty-bound to investigate further instead of disposing of the appeal for non-appearance without adjudicating on merits.

Conclusion:
The Tribunal found that the appellant had provided sufficient evidence to explain the source of the cash deposits, including sale proceeds from the father's property and agricultural income. The Tribunal held that the appellant could not be deemed an assessee under sections 159 and 160 r.w.s 2(7) of the Act, as the property belonged to the father. The Tribunal quashed the addition made by the AO amounting to Rs. 19,547,959 and allowed the appeal of the appellant.

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