2023 (5) TMI 1175 - AT - Income Tax

Unexplained cash credit - unexplained income - contention of assessee that cash deposit was out of cash withdrawal - As per revenue only source of income shown by the assessee is agriculture income , which may have been used for house hold purpose - HELD THAT - Assessee except contending that the assessee has sufficient cash balance for making deposit in bank, has not explained the real source of cash and cheque deposits. We find that the assessing officer in his summary has clearly demonstrated the cheque deposits and immediate withdrawal or on deposits of money in cash immediately transferred by way of cheque, the assessee has failed to give any satisfactory reply against the finding of the assessing officer. As in full agreement with the observation of the assessing officer that the assessee has only shown source of income from agriculture activities. keeping in view the general practice in society that ordinarily peoples keep certain money in cash, therefore, by giving such benefits the assessee is granted benefit of Rs. 2,80,000/- and remaining addition of Rs. 22,00,000/- is upheld. Appeal of assessee is partly allowed.

Summary

Issues Involved:
The issues involved in this judgment are the addition of unexplained cash credit by invoking provisions of the Income Tax Act, breach of the principle of natural justice, and the sufficiency of evidence provided by the assessee regarding cash deposits.

Issue 1: Addition of Unexplained Cash Credit
The assessee, a Hindu Undivided Family (HUF), filed its return of income for A.Y. 2015-16, declaring total income of Rs. 3,21,069/-. The Assessing Officer noted a cash deposit of Rs. 24.80 lacs in the assessee's bank account and requested the source of this deposit. Despite the assessee's explanations, the Assessing Officer found the explanations unsatisfactory and added the entire cash deposit as unexplained income. The ld. CIT(A) confirmed this addition, stating that the source of the cash deposit was not adequately explained, and the cash flow summary provided by the assessee lacked supporting evidence.

Issue 2: Breach of Principle of Natural Justice
The assessee contended that the ld. CIT(A) erred in deciding the appeal without providing an opportunity for a partial submission. The assessee claimed that the appeal was decided before the requested opportunity was granted, which the assessee argued was a breach of the principle of natural justice.

Issue 3: Sufficiency of Evidence Provided by the Assessee
The assessee argued that they had sufficient cash balance for making the deposits, citing cash withdrawals and income from the sale of agricultural products. However, the Assessing Officer and ld. CIT(A) found the explanations and evidence provided by the assessee to be lacking, as the source of the cash deposits was not adequately substantiated. The assessing officer's summary of transactions demonstrated discrepancies between cash deposits and withdrawals, leading to the conclusion that the cash deposit was unexplained income.

In conclusion, the Tribunal partly allowed the appeal, granting the assessee a benefit of Rs. 2,80,000 based on the general practice of keeping cash on hand, while upholding the remaining addition of Rs. 22,00,000 as unexplained income.