2022 (11) TMI 618 - AT - Income Tax

Addition made towards cash deposits u/s.69A - HELD THAT - The assessee explained before the AO that she had received a sum of Rs.13 lakhs from Smt.Vedhavathy for sale of property on 09.11.2016. AO accepted, the assessee has received consideration for sale of property from Smt.Vedhavathy and the purchaser has also filed a confirmation letter stating that she had paid consideration in cash. Once the AO is accepted the fact that the assessee has received consideration in cash, then the source for cash deposits during demonetization period should have been accepted out of sale consideration received for property. AO grossly erred in not accepting the source for balance cash deposits even though, the assessee has filed necessary evidences to prove the availability of source for cash deposits. CIT(A) without appreciating the fact simply confirmed the additions made by the AO. Hence, set aside the order of the Ld.CIT(A) and direct the AO to delete the addition made towards cash deposits u/s.69A - Appeal filed by the assessee is allowed.

Summary

Issues:
1. Validity of the order of the Commissioner of Income Tax (Appeals)
2. Consideration of replies filed by the appellant
3. Reproduction of assessment order and written submissions
4. Source of cash deposits from sale proceeds of property
5. Addition of unexplained money under section 69A
6. Scope and effect of Specified Bank Notes (Cessation of Liabilities) Act

Analysis:

1. Validity of the order of the Commissioner of Income Tax (Appeals):
The appeal was filed against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, dated 06.06.2022, pertaining to the assessment year 2017-18. The appellant raised concerns about the order being erroneous in law and against the principles of natural justice.

2. Consideration of replies filed by the appellant:
The appellant argued that the CIT(A) erred in not properly considering the replies filed and failed to evaluate them in the correct perspective. It was contended that the CIT(A) exhibited a lack of application of mind by reproducing the assessment order and written submissions without a basis.

3. Reproduction of assessment order and written submissions:
The appellant challenged the CIT(A) for reproducing the assessment order and written submissions without a proper basis, indicating a lack of application of mind. This issue highlighted the importance of a thorough examination of the documents provided by the appellant.

4. Source of cash deposits from sale proceeds of property:
The case involved cash deposits made by the appellant during the demonetization period, sourced from the sale proceeds of a property. The appellant provided explanations and evidence regarding the source of these deposits, particularly concerning a sum of Rs.7,67,500, which was disputed by the Assessing Officer.

5. Addition of unexplained money under section 69A:
The Assessing Officer made an addition of Rs.7,67,500 as unexplained money under section 69A of the Act, rejecting the appellant's explanation for the source of cash deposits. This decision was challenged by the appellant in the appeal.

6. Scope and effect of Specified Bank Notes (Cessation of Liabilities) Act:
The appellant argued that the CIT(A) erred in not considering the scope and effect of the Specified Bank Notes (Cessation of Liabilities) Act dated 28/02/2017 properly. The Act was cited to support the appellant's position regarding the validity of transactions involving Specified Bank Notes.

In the detailed analysis, it was observed that the AO and CIT(A) failed to appreciate the appellant's explanations and evidence regarding the source of cash deposits. The Tribunal found that there was no prohibition on dealing with Specified Bank Notes up to 31.12.2016, as per the relevant Act. The Tribunal concluded that the AO erred in not accepting the source for cash deposits and directed the AO to delete the addition made under section 69A of the Act. Consequently, the appeal filed by the appellant was allowed, and the order of the CIT(A) was set aside.