2023 (6) TMI 257 - AT - Income Tax

Unexplained money u/s 69A - cash deposits during demonetisation period by invoking the provisions of section 115BBE - HELD THAT - Since the addition made u/s 69A of the Act has already been deleted by the ld. CIT(Appeals), wherein AO has wrongly invoked the provisions of section 115BB therefore, Grounds become infructuous as already decided in favour of the assessee by the ld. CIT(Appeals). Miscellaneous income - AO confronted the assessee to explain the nature of the said miscellaneous income, but could not get satisfactory reply, as a result of which, treated it as income from other sources - HELD THAT - Miscellaneous income mainly constitutes grant received from the West Bengal Government for various activities as per its registered bye-laws. No reason to treat any of the element of miscellaneous income enumerated above as income from other sources. Since the alleged sum is the income earned by the Society for the purpose of its objects, the same is eligible for deduction under section 80P - Decided in favour of assessee.

Summary

Issues involved:
The issues involved in the judgment are the addition made under section 69A of the Act for unexplained money during demonetization period and the treatment of miscellaneous income as income from other sources.

Addition under section 69A of the Act:
The appeal was against the order of the Commissioner of Income Tax (Appeals) regarding the addition made for unexplained money under section 69A of the Act. The Tribunal noted that the addition had already been deleted by the Commissioner of Income Tax (Appeals) as there was no merit in the addition. The Tribunal found that the Assessing Officer had wrongly invoked the provisions of section 115BB of the Act. Therefore, the grounds related to this issue were deemed infructuous as they had already been decided in favor of the assessee.

Treatment of miscellaneous income:
The remaining ground before the Tribunal concerned the addition of Rs.9,92,664 in the Profit & Loss Account of a Cooperative Society. The Assessing Officer treated this amount as income from other sources as the nature of the income was not satisfactorily explained. The Tribunal considered the break-up of the miscellaneous income provided by the assessee, which included grants received for various activities. The Tribunal observed that the miscellaneous income mainly constituted grants received from the West Bengal Government for activities as per the society's bye-laws. It was noted that the society operated for the benefit of Tribal members and received grants from the government. The Tribunal found that the miscellaneous income was earned for the purpose of the society's objects and thus eligible for deduction under section 80P of the Act. Consequently, the Tribunal reversed the decision of the Commissioner of Income Tax (Appeals) and allowed the grounds related to this issue, directing the Assessing Officer not to treat the amount as income from other sources.

General Ground:
The final ground of the appeal was of a general nature and did not require any specific reasoning. The Tribunal partly allowed the appeal of the assessee.

Separate Judgment:
The judgment was delivered by Dr. Manish Borad, Accountant Member, and Vice-President Shri Rajpal Yadav.