2025 (1) TMI 1118 - AT - Income Tax

Validity of Assessment order passed by the ITO-4(1) Raipur as non-jurisdictional A.O - no order u/s.127 was passed for transfer of case from ITO-3(1) Raipur to ITO-4(1) Raipur - HELD THAT - As on a perusal of the aforesaid order of transfer u/s. 127 of the Act that it is stated at Sr. No.20 that the case of the present assessee had been transferred from ITO-3(1) Raipur to ITO-4(1) Raipur. Additional grounds of appeal raised by the assessee are dismissed. Addition u/s 68 - unexplained source of the cash deposit made in her bank account during the demonetization period - The assessee had failed to come forth with an irrefutable explanation as regards the source of the cash deposits of Rs. 11 lacs (supra) made in her bank account during the year under consideration. Left with no other alternative but to draw support from the CBDT Instruction No.3/2017 dated 21.02.2017 for estimating the amount of cash in hand that would have been available with her to source the subject cash deposits in her bank account. As availability of cash with the assessee as on the date of cash deposits which would have sourced the cash deposits of Rs. 11 lacs (supra) in her bank account with Allahabad Bank Raipur is restricted to the extent of Rs. 3, 50, 000/-. Hence sustain the addition partly.

Summary

1. ISSUES PRESENTED and CONSIDERED

The legal judgment revolves around the following core legal questions:

1. Whether the Commissioner of Income-Tax (Appeals) was correct in upholding the order of the Assessing Officer (A.O) without considering the material submitted by the assessee during the assessment proceedings.

2. Whether the assessment order passed by the Income Tax Officer (ITO)-4(1), Raipur, was illegal due to the lack of jurisdiction and absence of an order under Section 127 for the transfer of the case from ITO-3(1), Raipur.

3. Whether the cash deposits of Rs. 11,00,000/- made by the assessee during the demonetization period were satisfactorily explained, or if they should be treated as unexplained money under Section 69A of the Income-tax Act, 1961.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Validity of the CIT(A)'s Decision

- Relevant Legal Framework and Precedents: The assessment and appellate proceedings are governed by the Income-tax Act, 1961, which mandates that the CIT(A) must consider all relevant materials and submissions made by the assessee.

- Court's Interpretation and Reasoning: The Tribunal found that the CIT(A) did not adequately consider the material on record, as the assessee had provided explanations for the cash deposits, which were not duly addressed.

- Key Evidence and Findings: The CIT(A) relied heavily on the A.O's findings without independently verifying the explanations and evidence provided by the assessee.

- Application of Law to Facts: The Tribunal emphasized the need for the CIT(A) to independently assess the evidence and explanations provided by the assessee, rather than solely relying on the A.O's conclusions.

- Treatment of Competing Arguments: The Tribunal considered the assessee's argument that the CIT(A) failed to consider the evidence and found merit in this contention.

- Conclusions: The Tribunal concluded that the CIT(A) erred in not independently evaluating the evidence and explanations provided by the assessee.

Issue 2: Jurisdiction of the A.O

- Relevant Legal Framework and Precedents: Section 127 of the Income-tax Act, 1961, requires an order for the transfer of jurisdiction between assessing officers.

- Court's Interpretation and Reasoning: The Tribunal found that an order under Section 127(2) was indeed passed, transferring the case from ITO-3(1), Raipur to ITO-4(1), Raipur.

- Key Evidence and Findings: The A.O provided a copy of the transfer order, which was verified by the Tribunal.

- Application of Law to Facts: The Tribunal determined that the jurisdiction was properly transferred, and the assessment order was validly passed by ITO-4(1), Raipur.

- Treatment of Competing Arguments: The assessee's argument regarding jurisdiction was dismissed based on the evidence of the transfer order.

- Conclusions: The Tribunal upheld the jurisdiction of the A.O and dismissed the additional grounds of appeal raised by the assessee.

Issue 3: Explanation of Cash Deposits

- Relevant Legal Framework and Precedents: Section 69A of the Income-tax Act, 1961, deals with unexplained money, requiring the assessee to satisfactorily explain the nature and source of any money found in their possession.

- Court's Interpretation and Reasoning: The Tribunal partially accepted the assessee's explanation based on CBDT Instruction No. 3/2017, which provides guidelines for estimating cash in hand during demonetization.

- Key Evidence and Findings: The assessee claimed the cash deposits were sourced from accumulated savings, income from hobby classes, and bank withdrawals. However, the Tribunal found the explanation insufficient for the entire amount.

- Application of Law to Facts: The Tribunal applied the CBDT Instruction to estimate that Rs. 3.50 lakh could be considered as explained, while the remaining Rs. 7.50 lakh was treated as unexplained.

- Treatment of Competing Arguments: The Tribunal considered the Revenue's argument that the explanation was not credible and partially agreed, leading to a partial allowance of the assessee's appeal.

- Conclusions: The Tribunal sustained the addition of Rs. 7,50,000/- as unexplained money under Section 69A, while allowing the explanation for Rs. 3,50,000/-.

3. SIGNIFICANT HOLDINGS

- Preserve verbatim quotes of crucial legal reasoning: "The assessee had failed to come forth with an irrefutable explanation as regards the source of the cash deposits of Rs. 11 lacs (supra) made in her bank account during the year under consideration."

- Core Principles Established: The Tribunal emphasized the necessity of providing a satisfactory explanation for cash deposits during demonetization and the applicability of CBDT guidelines for estimating cash in hand.

- Final Determinations on Each Issue:

1. The CIT(A) erred in not independently evaluating the evidence; however, the jurisdiction of the A.O was validly established through a proper transfer order.

2. The assessee's explanation for the cash deposits was partially accepted, with Rs. 3,50,000/- considered explained and Rs. 7,50,000/- treated as unexplained income under Section 69A.

3. The appeal was partly allowed, with the Tribunal sustaining the addition of Rs. 7,50,000/- as unexplained money.

Order pronounced in open court on 21st day of January, 2025.