2023 (3) TMI 467 - AT - Income Tax

Unexplained cash deposits in bank account - source of amount of credit in the assessee s bank account stands unexplained - NP estimation - HELD THAT - Admittedly, the assessee was carrying on the business of sale of milk. He had not been filing his returns of income since his income was below the taxable limit; and that this fact stands verified by the department during the course of his proceedings for AY2010-11. In that year, its case was also reopened u/s 148 of the Act for verification of cash deposits Rs. 20,96,973/- in its bank from his business of supplying of Milk where the addition made for Asstt. Year 2010-2011, by the AO, has been deleted by the Worthy CIT(A), on the basis of report of the Inspector that the assessee had been carrying on the business of sale of Milk by restricting to only 6% profit on the total bank deposits of Rs. 20,96,973/- being treated as Milk Business Turn Over under the provisions of Section 44AD. In the case of Commissioner of Income Tax vs. Leader Valves Ltd. 2007 (1) TMI 70 - HIGH COURT, PUNJAB AND HARYANA observed that in view the principle of consistency, the Revenue could not be permitted to raise an issue in isolation only for one year in the case of one assessee, while accepting the findings on the same issue in the case of other assesses and for other years in the case of assessee. The department cannot be permitted to raise an issue in isolation only for immediately succeeding on identical facts in the case of the same assessee. Thus, the source of amount of credit in the assessee s bank account stands explained as milk sale Turn Over for the Assessment Year under consideration. As per provisions of section 44AD of the Act, the AO is directed to apply 8% Net profit on the total milk sale of worth. Appeal of the assessee is allowed

Summary

Issues:
1. Appeal against order of Ld. Commissioner of Income Tax (Appeals)-2, Jalandhar for Assessment Year 2011-12.
2. Reopening of assessment under section 147 of the Income Tax Act, 1961.
3. Addition of Rs.18,80,000 in bank accounts.
4. Acceptance of source of deposits in bank account by department in earlier years.

Issue 1: Appeal Against Order of Ld. Commissioner of Income Tax (Appeals)-2, Jalandhar for Assessment Year 2011-12:
The appellant challenged the order of the Ld. CIT(A) on the grounds that it was against the law and facts of the case. The Ld. CIT(A) had sustained the assessment that was reopened under section 147 of the Income Tax Act, 1961. The appellant further contended that the addition of Rs.18,80,000 in the bank accounts was unjustified.

Issue 2: Reopening of Assessment under Section 147 of the Income Tax Act, 1961:
The Assessing Officer had passed an ex-parte assessment order against the appellant, adding Rs.18,80,000 to the income. The addition was made due to the appellant's alleged failure to explain the nature and source of the cash deposit in the bank account. The CIT(A) confirmed this addition, noting the appellant's lack of evidence to substantiate the source of the cash deposits.

Issue 3: Addition of Rs.18,80,000 in Bank Accounts:
The appellant argued that the CIT(A) did not appreciate the self-explanatory nature of the amount credited to the bank account. The appellant highlighted that in a previous assessment year, similar cash deposits were accepted by the department. The appellant cited various judgments emphasizing the principle of consistency in tax proceedings, urging for the deletion of the addition.

Issue 4: Acceptance of Source of Deposits in Bank Account by Department in Earlier Years:
The appellant contended that the department had previously accepted the source of identical cash deposits in the bank account. Referring to judgments emphasizing the rule of consistency in tax matters, the appellant argued that the department should maintain the same view unless there are valid reasons for a change. The Tribunal allowed the appeal, directing the Assessing Officer to apply an 8% net profit on the total milk sale amount of Rs.18,80,000, in line with the provisions of section 44AD of the Act.

In conclusion, the Tribunal allowed the appeal, emphasizing the principle of consistency and directing the application of 8% net profit on the total milk sale amount. The judgment highlighted the importance of maintaining consistent views in tax proceedings unless there are valid reasons for a change.