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2024 (5) TMI 1016 - AT - Income TaxReopening of assessment u/s 147 - unexplained cash deposits in bank account - HELD THAT - We are surprised to see two different findings of the AO on similar sets of facts in reopened assessments of the appellant/assessee; one in the AY 2011-12 and another in the 2012-13. The assessments of these two years; AY 2011-12 and 2012-13 were reopened on the similar reasoning that the cash deposits in bank account were nothing but the income escaping assessment in absence of any return of income filed by the appellant/assessee. However, the AO treated cash deposits in the bank account as sales and assessed the income embedded therein at Rs. 4,48,910/- in AY 2011-12, whereas in the AY 2012-13 entire cash deposits as income without bringing any material on the record to strengthen the finding therein. Thus, AO, during the AY 2012-13, cannot deviate from his stand taken in the reopened assessment proceedings of the preceding year; AY 2011-12 without bringing contrary facts on the record. We, therefore, direct the AO to work out the income of the appellant/assessee @ 8% on his total cash deposits in his bank account(s) in the relevant year; AY 2012-13 and assess it accordingly. Appeal of the assessee is partly allowed.
Issues involved: Challenge to reopening of assessment and taxability of cash deposits.
Reopening of Assessment: The appellant challenged the legality of the reopening of the assessment for the Assessment Year 2012-13, based on cash deposits in the bank account. The appellant argued that the reopening was mechanical as the reasoning provided by the Assessing Officer (AO) was not valid under section 147(a) of the Act. The Authorized Representative contended that the AO did not conduct any field inquiry before reopening the assessment and failed to serve notices correctly. The appellant also highlighted discrepancies in the AO's treatment of cash deposits in the bank account in the previous year's assessment. Taxability of Cash Deposits: The appellant, engaged in the business of mobile phone accessories, claimed that the cash deposits made were business receipts and not income escaping assessment. The Authorized Representative presented a cash flow chart to support the claim that the cash deposits were regular and in line with business operations. It was argued that the appellant, being a small business, was not required to maintain books of account. The appellant's representative emphasized that the AO should assess the income at 8% of the total cash deposits in the bank account for the relevant year, similar to the treatment in the preceding year's assessment. Judgment: The Appellate Tribunal found merit in the arguments presented by the Authorized Representative. It noted discrepancies in the AO's treatment of cash deposits in the appellant's bank account between the years 2011-12 and 2012-13. The Tribunal directed the AO to assess the appellant's income at 8% of the total cash deposits in the bank account for the Assessment Year 2012-13, aligning with the treatment in the previous year. The appeal was partly allowed in favor of the assessee. Significant Phrases: - Assessment Year 2012-13 - Cash deposits in the bank account - Assessing Officer (AO) - Authorized Representative - Reopening of assessment - Business receipts - Cash flow chart - Books of account - Appellate Tribunal - Income escaping assessment - Field inquiry - Cash deposits assessment - Order pronounced on 20th May, 2024.
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