2022 (12) TMI 218 - AT - Income Tax

Unexplained cash deposits - income from undisclosed sources - assessee has submitted that the details of cash deposits which were made to pass the cheques issued by the assessee which was in an accommodative nature have been provided to the Assessing Officer as well as the CIT(A) - CIT(A) estimated and adopted 80% of effective interest rate i.e., 42% (52 x 0.8) of gross cash deposited is considered as income of the assessee. Balance 20% of estimated interest has been given as relief to the assessee and would include therein any claims on account of peak credit - HELD THAT - Considering the complete details furnished before the authorities below, we are of the considered opinion that the CIT(A) has estimated and adopted the effective interest rate at an higher side. Accordingly, we direct the AO to adopt 50% of effective interest rate i.e., 26% (52x0.5) of gross cash deposited shall be considered as income and 50% of estimated interest has been given as relief to the assessee and would include therein any claims on account of peak credit. As a result, out of the cash deposit of ₹.2,17,49,200/-, 26% being ₹.56,54,792/- is sustained as income in the hands of the assessee and the assessee get a relief of ₹.1,60,94,408/-. Appeal filed by the assessee is partly allowed.

Summary

Issues Involved:
1. Assessment of income based on cash deposits in bank account.
2. Determination of effective interest rate on cash deposits.
3. Relief granted by the Commissioner of Income Tax (Appeals).
4. Appeal filed by the assessee challenging the order of assessment.

Detailed Analysis:
1. The appeal was filed against the order of the Commissioner of Income Tax (Appeals) concerning the assessment year 2011-12. The Assessing Officer had assessed the total income of the assessee at Rs. 2,19,20,740 by adding cash deposits of Rs. 2,17,49,200 as income from undisclosed sources. The Commissioner granted partial relief, sustaining Rs. 91,34,664 on an estimate basis, while allowing relief of Rs. 1,26,14,536. The assessee contended that the cash deposits were related to facilitating timber sales and receiving commissions, providing relevant details and confirmation letters to support the transactions.

2. The Commissioner observed that the parties involved in cash transactions had not provided adequate explanation for the high interest rates involved. The appellant's argument of issuing cheques for cash discounts was scrutinized, with doubts raised on the business purpose and feasibility of the transactions. The Commissioner considered 80% of the effective interest rate as income, resulting in sustaining Rs. 91,34,664 as income and granting relief of Rs. 1,26,14,536 to the assessee based on circumstantial evidence and material on record.

3. The Appellate Tribunal, after reviewing the details presented, found the effective interest rate estimation by the Commissioner to be on the higher side. Therefore, the Tribunal directed the Assessing Officer to adopt a 50% effective interest rate on cash deposits, resulting in sustaining Rs. 56,54,792 as income and granting relief of Rs. 1,60,94,408 to the assessee. The appeal was partly allowed based on this revised calculation.

4. The Tribunal's decision was pronounced on 18th November 2022 in Chennai, providing a detailed analysis of the issues involved in assessing income based on cash deposits and determining the effective interest rate, ultimately granting relief to the assessee in line with the revised calculations.