2020 (8) TMI 664 - AT - Income Tax

Unexplained cash credits - bank deposits made by assessee - HELD THAT - Explanation supported by the foregoing documentary evidence of books of account, audited balance-sheet, coupled with cash books maintained at both individual as well as the company s level and sec. 143(3) assessment framed in latter case for the very assessment year have nowhere has been disputed in either of the lower proceedings. All this voluminous evidence; including the cash in issue from M/s ANPL crediencial to assessee s explanation of source of deposits. There is not an iota of doubt coming from the lower authorities side disputing the assessee s stand adopted throughout that the cash deposit had in fact, come from the company s cash-in-hand for meeting the day-to-day requirements at the site level. Both the AO as well as CIT(A) have not gone by the source explained to examine identity, genuineness and creditworthiness thereof in light of all the evidence available on record but they have ventured on application aspect of the cash deposits only. Impugned addition in light of all the supportive evidence coming from the assessee s side cannot be sustained - Decided in favour of assessee.

Summary

Issues:
Assessment of unexplained cash credits in bank deposits
Levy of interest under section 234B of the Income Tax Act, 1961

Assessment of unexplained cash credits in bank deposits:
The appeal involved the correctness of treating bank deposits as unexplained cash credits in the assessment for the year 2012-13. The Assessing Officer had treated cash deposits as unexplained, despite the assessee's explanation that the funds came from a company where he was the Managing Director. Both the Assessing Officer and the CIT(A) did not dispute the source of the deposits but focused on the application of the funds. The CIT(A) partially affirmed the Assessing Officer's decision, but the ITAT Kolkata found that the addition was based on conjecture and surmise. The ITAT observed that the evidence provided by the assessee, including cash books, balance sheets, and assessment records, supported the claim that the funds came from the company's cash-in-hand for daily expenses. As the authorities did not dispute the source of funds, the ITAT directed the deletion of the addition.

Levy of interest under section 234B of the Income Tax Act, 1961:
The issue of interest under section 234B arose due to the addition of unexplained cash credits. The appellant challenged the levy of interest under section 234B, arguing that there was no default in advance tax payment based on the income declared in the return. The appellant contended that the addition of cash credits could not be considered "current income" for the purpose of section 208 of the Act. Citing legal precedents, the appellant argued that the addition was of deemed income under section 68 and did not attract interest under section 234B. The CIT(A) found the assessment order to be perverse, illegal, and invalid in this regard. However, the ITAT Kolkata observed that the levy of interest under section 234A/B/C/D is mandatory and consequential, and the Assessing Officer would impose it while implementing the appellate order.

In conclusion, the ITAT Kolkata allowed the assessee's appeal regarding the assessment of unexplained cash credits in bank deposits, directing the deletion of the addition. However, the ITAT noted that the levy of interest under section 234B was mandatory and would be imposed by the Assessing Officer. The judgment provided a detailed analysis of the issues, focusing on the evidence presented by the assessee and the legal arguments regarding the treatment of the cash deposits and the levy of interest.