2025 (4) TMI 1434 - AT - Income Tax

Unexplained cash credits u/s 68 - AO rejected the books of account u/s 145(3) - CIT(A) deleted addition - HELD THAT - While the CIT(A) has extensively relied on the books of accounts and the availability of cash-in-hand there is no independent verification of the crucial aspects raised by the AO. The issue of related party purchases from M/s. Veeram Spiritual Energies Pvt. Ltd. and the complete absence of disclosure of such transactions in the Annual Report and Audit Report has been overlooked. No attempt was made to verify the genuineness of the purchases which is a critical factor in cases where sales are cited as the source of cash deposits particularly when no sale is possible without genuine purchases. We also note that during the course of hearing before us when queried specifically the Learned AR was unable to confirm whether the quantitative details of stock including opening stock purchases sales and closing stock had been disclosed by the assessee s tax auditor in the annexure to the audit report in Form 3CD as required. The absence or insufficiency of audited quantitative particulars further necessitates independent verification of the quantitative records maintained by the assessee to corroborate the genuineness of the transactions. In addition it is pertinent to observe that significant purchases were recorded by the assessee from M/s. Veeram Spiritual Energies Pvt. Ltd. an entity primarily engaged in monetary intermediation and not in the business of trading in gold or jewellery. The genuineness of such purchases the actual delivery of goods and their reflection in stock movement records assume greater importance in the facts of the present case and require detailed verification. AO s findings regarding recording of purchases during festival closure days lack of detailed invoices and failure of third parties to respond to notices under section 133(6) were material and went to the root of the issue. CIT(A) did not call for any remand report from the AO or undertake any factual verification to rebut these discrepancies but accepted the assessee s explanation solely based on audited books. The judicial precedents relied upon by the CIT(A) are distinguishable on facts as in those cases there was no finding of suppressed related party transactions unverified stock entries or complete failure of independent verification. In the present case the factual matrix is materially different. We also observe that although the CIT(A) noted that the AO had rejected the books of account u/s 145(3) CIT(A) did not independently adjudicate whether the said rejection was justified in the facts of the case. CIT(A) merely proceeded on the basis that the books of account were audited and relied upon the cash book and stock records submitted by the assessee without critically examining the serious discrepancies recorded by the AO. No independent verification of quantitative stock records purchases sales or cash movements was undertaken by the CIT(A). CIT(A) also did not address the material inconsistencies relating to related party purchases and unverified sales. In the absence of reconciliation of discrepancies or independent verification the CIT(A) could not have accepted the assessee s explanation at face value after lawful rejection of the books of account by the AO. The failure of the CIT(A) to properly deal with the rejection of books vitiates the appellate order and necessitates restoration of the matter for fresh adjudication. Thus CIT(A) has not passed a sufficiently reasoned and comprehensive order dealing with the serious discrepancies highlighted by the AO. The order of the CIT(A) suffers from lack of factual verification and examination of critical issues necessary to establish the genuineness of the cash deposits. Accordingly we deem it appropriate to set aside the order of the CIT(A) and restore the matter back to his file for fresh adjudication to Verify the quantitative stock details with reference to purchase and sale records maintained by the assessee and Verify the genuineness of purchases and correlation with the sales shown. Examine the issue of unverified sales and non-responded 133(6) notices. Revenue s appeal is accordingly allowed for statistical purposes.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Tribunal include:

• Whether the Commissioner of Income Tax (Appeals) was justified in deleting the addition of Rs. 2,18,00,000/- treated as unexplained cash credits under section 68 of the Income Tax Act, 1961, without properly appreciating the detailed factual discrepancies recorded by the Assessing Officer (AO) in the assessment order.
• Whether the rejection of the assessee's books of account under section 145(3) of the Act by the AO was justified in light of the abnormal cash sales, unverifiable purchases, and suppression of related party transactions.
• Whether the CIT(A) erred in relying solely on the audited financial statements and cash book without undertaking independent verification of critical evidences such as stock records, related party transactions, and responses to notices issued under section 133(6) of the Act.
• Whether the transactions with a related party engaged in non-jewellery business were genuine and properly disclosed as required under the Companies Act, 2013 and the Income Tax Act, 1961.
• Whether the absence of detailed invoices, buyer particulars, and the recording of purchases during known business closure periods undermined the genuineness of sales and purchases claimed by the assessee.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Justification for rejection of books of account under section 145(3) of the Act

Relevant legal framework and precedents: Section 145(3) permits the AO to reject books of account if they are not maintained regularly or do not disclose the true income. Judicial precedents establish that rejection is warranted when the veracity of accounts is seriously undermined.

Court's interpretation and reasoning: The AO recorded an abnormal increase of 785.56% in cash sales and a 12804% increase in cash deposits during the demonetization period compared to the previous year, despite an overall decline in turnover. This disproportionate surge suggested manipulation or suppression of facts. The AO further noted lack of supporting documents for related party purchases and suppression of such transactions in statutory disclosures. The Tribunal upheld the AO's rejection of books under section 145(3) as justified given these serious discrepancies going to the root of the accounts' correctness.

Key evidence and findings: The AO relied on comparative turnover figures, absence of purchase invoices, non-disclosure of related party transactions in the Annual Report and auditor's report, and suspicious timing of purchases during festival closure days.

Application of law to facts: Given the material inconsistencies and suppression, rejection of books was warranted to prevent reliance on potentially manipulated accounts.

Treatment of competing arguments: The CIT(A) had accepted the audited accounts without questioning these discrepancies, which the Tribunal found inadequate.

Conclusions: Rejection of books under section 145(3) was legally justified and upheld.

Issue 2: Treatment of unexplained cash deposits under section 68 of the Act

Relevant legal framework and precedents: Section 68 treats unexplained cash credits as income unless the assessee satisfactorily explains the nature and source of such credits. Judicial precedents emphasize the need for genuineness and verifiability of transactions.

Court's interpretation and reasoning: The AO treated the cash deposits of Rs. 2,18,00,000/- as unexplained cash credits due to lack of credible evidence linking them to genuine sales, absence of detailed invoices, and failure of third parties to respond to verification notices. The CIT(A) deleted the addition relying on the availability of cash-in-hand and audited books, holding that trade receipts recorded in books cannot be taxed under section 68 merely on suspicion.

The Tribunal found merit in the AO's approach, emphasizing that mere availability of cash-in-hand and audited accounts cannot override the serious factual discrepancies and lack of independent verification. The Tribunal noted the absence of detailed stock records and failure to verify related party transactions, which are critical to establishing genuineness.

Key evidence and findings: Lack of buyer details in invoices, non-response to section 133(6) notices, absence of related party disclosures, and purchases recorded during festival closure periods.

Application of law to facts: The unexplained cash deposits could not be accepted as genuine receipts without corroboration, especially given the rejection of books and suppression of material facts.

Treatment of competing arguments: The CIT(A)'s reliance on audited accounts without independent verification was found insufficient. The Tribunal emphasized the need for detailed factual inquiry.

Conclusions: The addition under section 68 was sustainable pending independent verification; the CIT(A) erred in deleting it without addressing these issues.

Issue 3: Non-disclosure and genuineness of related party transactions

Relevant legal framework and precedents: The Companies Act, 2013 mandates disclosure of related party transactions in the Board's Report and audited financial statements. Under the Income Tax Act, such transactions must be disclosed in audit reports (Form 3CD) and examined for genuineness.

Court's interpretation and reasoning: The AO found that the assessee had transferred Rs. 6 crores out of IPO proceeds to a related party engaged in monetary intermediation, not jewellery business, and recorded purchases of over Rs. 4.5 crores from the same party without furnishing supporting documents. The Annual Report and auditor's report denied any related party transactions, indicating deliberate suppression. The Tribunal noted that these findings were material and required detailed verification, which the CIT(A) failed to undertake.

Key evidence and findings: Absence of related party disclosures in statutory documents, lack of purchase invoices, and divergence in business activities of the related party.

Application of law to facts: Non-disclosure and lack of documentary support undermined the genuineness of transactions and justified further inquiry.

Treatment of competing arguments: The assessee's claim of disclosure under section 40A(2)(b) in Form 3CD was insufficient without corresponding statutory disclosures. The CIT(A) overlooked this critical aspect.

Conclusions: The issue of related party transactions required detailed examination and verification, which was not done by the CIT(A).

Issue 4: Verification of sales and purchases and adequacy of documentary evidence

Relevant legal framework and precedents: Verification under section 133(6) is an important tool for corroborating transactions. Proper invoices with buyer details and stock movement records are necessary to establish transaction genuineness.

Court's interpretation and reasoning: The AO issued notices to nine parties; five were returned unserved and four did not respond, leaving transactions unverified. Cash sale invoices lacked buyer names and detailed descriptions, which is unusual for high-value jewellery sales. Purchases were recorded during festival closure days, further undermining credibility. The CIT(A) did not call for remand or independent verification of these material facts.

Key evidence and findings: Non-response to notices, incomplete invoices, and suspicious timing of entries.

Application of law to facts: The failure of independent verification and documentary deficiencies justified the AO's adverse findings.

Treatment of competing arguments: The CIT(A) relied on the presence of books and audit reports without addressing these factual infirmities.

Conclusions: Adequate verification and detailed examination of documentary evidence were essential but absent in the appellate order.

3. SIGNIFICANT HOLDINGS

"In such circumstances, where the basic veracity of the accounting entries is seriously undermined, rejection of books of account under section 145(3) is not only justified but warranted in law."

"The unexplained cash deposits could not be accepted as genuine receipts without corroboration, especially given the rejection of books and suppression of material facts."

"The non-disclosure of related party transactions in the Annual Report and statutory auditor's report, coupled with absence of supporting documents, indicates suppression of material facts and necessitates detailed verification."

"The mere availability of cash-in-hand and audited books cannot override serious factual discrepancies and lack of independent verification."

"The failure of the CIT(A) to independently verify the quantitative stock details, related party transactions, and genuineness of purchases and sales vitiates the appellate order."

"In the absence of reconciliation of discrepancies or independent verification, the CIT(A) could not have accepted the assessee's explanation at face value after lawful rejection of the books of account by the AO."

"The order of the CIT(A) suffers from lack of factual verification and examination of critical issues necessary to establish the genuineness of the cash deposits."

Final determinations:

• The AO's rejection of books under section 145(3) was upheld.
• The addition of Rs. 2,18,00,000/- under section 68 could not be deleted without proper verification.
• The CIT(A)'s order was set aside for lack of proper factual inquiry and verification.
• The matter was restored to the CIT(A) for fresh adjudication with specific directions to verify stock details, related party transactions, genuineness of purchases and sales, and responses to section 133(6) notices.
• All issues were left open for fresh consideration based on detailed factual inquiry.