2024 (3) TMI 377 - AT - Income Tax

Addition u/s 69A - unexplained cash deposits in the saving bank account of the assessee - real owner of bank account - HELD THAT - This is a most casual and arbitrary order passed by the authorities below on a serious aspect of assessment of income of an assessee, on which he was burdened with the liability to pay tax. There could not have been a more lax attitude exhibited by the Revenue authorities in framing an assessment, as in the present case. The reasons for the same are that the AO notes the bank account belonging to the assessee attributing cash deposited in the same to him, which actually never belonged to the assessee, and despite this fact having been pointed out to him in the remand proceedings and the same remaining uncontroverted by the AO, CIT(A) still goes on to treat the cash deposited as the income of the assessee. When the assessee had fairly revealed the correct bank account belonging to him, and had come out clean that the cash deposits in his actual bank account, it is a glaring case of totally ignoring the facts pointed out by the assessee, and passing order in appellate proceedings in an arbitrary manner. Besides this, we have also noted that the assessee had stated the cash deposited in bank account as pertained to his turnover of his business, and had also stated to have returned the same to tax under section 44AD of the Act. The orders of the Revenue authorities reveal that, while this contention of the assessee was rejected for whatever reasons, but at the same time, they had accepted the business income so returned by the assessee. Another glaring instance of passing orders without application of mind to the pleadings and the facts before the Revenue authorities. Having accepted the business income returned by the assessee, we fail to understand how the Revenue authorities could have taken a stand that the cash deposited in his bank account were not in relation to the same, without assigning any reason, and added the same to the income of the assessee - Decided in favour of assessee.

Summary

Issues Involved:
The judgment involves appeals filed by the assessee against orders passed by the ld.Commissioner of Income Tax(Appeal), National Faceless Appeal Centre (NFAC), Delhi for the Assessment Years 2010-11 and 2011-12. The main issue revolves around the addition made to the income of the assessee under section 69A of the Income Tax Act, 1961.

Issue 1: Reopening of Assessment Proceedings

The appellant received a notice for reopening of assessment proceedings beyond the prescribed period based on cash deposits in the bank account. The appellant contended that the details for cash deposits were not directed to be submitted during the assessment proceedings. The CIT(A) confirmed the addition to the total income of the appellant without applying his own mind. The appellant challenged the CIT(A) order before the Hon'ble Bench.

Issue 2: Addition to Income under Section 69A

The AO treated unexplained cash deposits in the saving bank account of the assessee as income under section 69A of the Act. The appellant explained that the cash deposits were in different bank accounts and pertained to business turnover income disclosed under section 44AD. The CIT(A) upheld the addition made by the AO despite the correct bank account details provided by the appellant. The Hon'ble Bench found the orders of the Revenue authorities to be casual and arbitrary, as they ignored crucial facts and passed orders without proper consideration. The Bench allowed the appeal of the assessee, directing the deletion of the addition made to his income under section 69A of the Act.

Separate Judgment:
The Hon'ble Bench comprising Smt. Annapurna Gupta, Accountant Member, and Shri T.R. Senthil Kumar, Judicial Member, pronounced the order on 6th March 2024 at Ahmedabad.