2022 (2) TMI 323 - AT - Income Tax

Unexplained cash credit u/s 68 - in revised return gross receipts were shown as income from trading business of Grey Fabrics - HELD THAT - The assessee is a practicing Chartered Accountant and is, therefore, barred from doing any business. Only under certain circumstances, the governing body ICAI permits a practicing Chartered Accountant to do business. However, no such evidence was brought on record. The assessee has been harping upon the revised return which is in-fact an in valid return. Further, even before us the assessee has not brought on record any demonstrative evidence to justify his business activities. There is no evidence of any VAT, GST or permission from Municipality. Nor there are any evidences in respect of purchases/ sales of Gray Fabrics. It appears that the revised return was filed only to cover up the queries raised during the assessment proceedings in respect of cash found to be deposited in various bank accounts. On finding, no demonstrative evidences, we do not find any reason to interfere with the findings of the CIT(A) filed by the assessee is dismissed.

Summary

Issues Involved:
Assessment order legality and maintainability, source of funds explanation, opportunity provided to the assessee, validity of revised return, unexplained cash credit treatment, reliance on judicial decisions, evidence of business activities, VAT/GST evidence, revised return purpose.

Assessment Order Legality and Maintainability:
The appeal was against the order of the Commissioner of Income Tax [Appeals] for Assessment Year 2013-14. The assessee contended that the assessment order was illegal, bad in law, and not maintainable based on the circumstances of the case. The assessee claimed that the assessing officer did not provide sufficient opportunity and no registered notice was served during the addition of cash deposit under section 68.

Explanation of Source of Funds:
The assessee, a practicing Chartered Accountant, had made cash transactions amounting to ?60,02,880 in various bank accounts. The assessee explained the source of funds and submitted a revised return showing the gross receipts as income from trading business of Grey Fabrics. However, the assessing officer dismissed the revised return as invalid and treated the aggregate amount as unexplained cash credit under section 68.

Validity of Revised Return and Business Activities Evidence:
The assessing officer did not accept the claim of business due to lack of evidences. The assessee failed to provide demonstrative evidence justifying the business activities, such as VAT, GST, permission from Municipality, or records of purchases/sales of Grey Fabrics. The tribunal noted that the revised return seemed to be filed only to address queries regarding the cash deposits in various bank accounts.

Reliance on Judicial Decisions and Tribunal's Decision:
The assessee relied on various judicial decisions, which were deemed irrelevant or not specific to the case. The tribunal found that the decisions cited were facts specific and did not support the assessee's position. The tribunal concluded that without demonstrative evidence, there was no reason to interfere with the findings of the Commissioner of Income Tax [Appeals], and the appeal was dismissed.

This detailed analysis of the judgment covers all the relevant issues involved in the case, providing a comprehensive understanding of the legal aspects and decisions made by the tribunal.