2023 (2) TMI 701 - AT - Income Tax

Unexplained cash deposits - search in the residential premises of the assessee cash was found and seized - during the course of assessment proceedings, the assessee has took a different stand and argued that his wife derives income from tuition fee and agricultural income and out of said source, she had given a sum gift - HELD THAT - Assessee claims to have received gift from his wife, but he could not substantiate his claim with necessary evidence, except stating that she had withdrawn some amount from her bank account. CIT(A), after considering withdrawal from bank and subsequent deposits opined that assessee could able to explain source from his wife Smt. Hanspriya to the extent of Rs. 1 lakh only. Therefore, allowed relief to the assessee to that extent. In respect of amount received from his father Shri. Ramalingam, the assessee could not establish source for amount claimed to have been received from his father. Even before us, assessee could not file any evidence to justify source for cash found and seized during the course of search. We are of the considered view that there is no error in the reasons given by the ld. CIT(A) to sustain additions made towards cash found during the search and thus, we are inclined to uphold the findings of the Ld. CIT(A) and dismiss appeal filed by the assessee.

Summary

Issues:
1. Upholding assessment order against law, facts, and circumstances.
2. Addition of Rs. 9,39,460 without considering affidavits.
3. Levy of interests u/s. 234A, 234B, and 234C.

Analysis:
1. The appeal challenged the order by the Commissioner of Income Tax (Appeals) for the assessment year 2017-18. The appellant contested the assessment order, claiming it was against the law and facts of the case. The appellant also disputed the addition of Rs. 9,39,460, arguing that the affidavits filed by the assessee and family members were not considered. Furthermore, the appellant objected to the levy of interests under sections 234A, 234B, and 234C of the Income Tax Act. The appellant sought to set aside the assessment order, delete the addition amount, and remove the imposed interests.

2. The case involved a search conducted under section 132 of the Income-tax Act, 1961, in the group case of a company, where the appellant worked as an Assistant Vice-President. During the search, cash amounting to Rs. 10,39,460 was found at the appellant's residence. The appellant failed to provide a satisfactory explanation for the cash, leading to its seizure and deposit into a PD Account. Subsequently, during assessment proceedings, the appellant claimed the cash was received as a gift from his wife and father. The Assessing Officer treated the seized cash as unexplained money under section 69A. The Commissioner of Income Tax (Appeals) partially accepted the appellant's explanation, allowing relief for Rs. 1 lakh but confirming the balance amount of Rs. 9,39,460. The appellant, aggrieved by this decision, appealed to the Tribunal.

3. In the absence of the appellant during the Tribunal hearing, the Department Representative (DR) presented the case. The Tribunal noted that the appellant failed to substantiate the source of the cash deposits found during the search. Although the appellant claimed the cash was received as a gift from his wife and father, he could not provide adequate evidence to support this claim. The Commissioner of Income Tax (Appeals) had considered the withdrawals and subsequent deposits from the wife's bank account, allowing relief only for Rs. 1 lakh. The appellant could not establish the source of the amount claimed to have been received from his father. Consequently, the Tribunal upheld the Commissioner's decision, stating that there was no error in sustaining the additions made towards the unexplained cash found during the search. The appeal was dismissed, affirming the Commissioner's order.

This detailed analysis of the judgment highlights the issues raised, the facts of the case, the arguments presented, and the final decision rendered by the Tribunal.