2024 (9) TMI 1512 - AT - Income Tax

Unexplained money u/s 69A - unexplained cash deposits in bank account - HELD THAT - On going to the facts of the instant case, the submissions of the assessee along with bank statement filed by the assessee during the course of appellate proceedings before Ld. CIT(Appeals), the income tax returns for various years filed by the counsel for the assessee before us for our perusal, in our considered view, it is a fit case where the addition made by the assessing officer is liable to be deleted. This is for the reason that the assessee is a trader in garments on semi-retail basis and is carrying on business on a small scale. The assessee did not file the return of income for the impugned year under consideration owing to the minor income earned by the assessee as a result of which the taxable income of the assessee was falling below the prescribed taxable limit and hence no tax was payable by the assessee for the impugned year under consideration. Asssessee has also submitted that the assessee could not cause appearance before the assessing officer since the notices were issued at the email address of the erstwhile consultant of the assessee and therefore, the assessee could not respond to such notices. Accordingly, looking into the instant facts, the additions made by the assessing officer directed to be deleted and the appeal of the assessee is allowed.

Summary

Issues:
1. Addition of unexplained cash deposits in bank account under section 69A of the Income Tax Act.
2. Compliance with notices issued during assessment proceedings.
3. Consideration of submissions and evidence by the appellate authority.
4. Application of presumptive taxation method under Section 44AD for small businesses.
5. Service of notices and impact of COVID-19 pandemic on tax compliance.

Analysis:
1. The appeal was filed against the order of the Ld. Commissioner of Income Tax (Appeals) upholding the addition of Rs. 9,36,300 as unexplained money under section 69A of the Act. The Assessing Officer observed substantial cash deposits in the bank account of the assessee but the assessee failed to explain the source of these deposits. Penalty proceedings were initiated under section 271(1)(c) for concealment of income.

2. The appellant contended that notices were sent to the email address of a former consultant, resulting in non-compliance. The appellant, engaged in retail trade, argued that the cash deposits were used for business purposes. However, the Ld. CIT(A) dismissed the appeal, stating that the appellant's submissions lacked credibility and failed to counter the Assessing Officer's findings. The addition under section 69A was upheld.

3. The appellate tribunal considered the submissions and evidence provided by the appellant, including bank statements and income tax returns for previous years. It noted the appellant's small-scale business and minor income, leading to non-filing of returns. The tribunal found the Assessing Officer's addition unjustified and allowed the appeal, deleting the addition.

4. The tribunal acknowledged the appellant's business scale and the applicability of the presumptive taxation method under Section 44AD, which would keep the income below the taxable limit. The appellant's inability to respond to notices due to incorrect email addresses was also considered, leading to the deletion of the addition.

5. The impact of COVID-19 on the appellant's tax compliance was highlighted, along with the failure to receive notices at the correct address. The tribunal emphasized the appellant's genuine business activities and the lack of taxable income, ultimately allowing the appeal and deleting the addition.

This detailed analysis showcases the progression of the case, the arguments presented by both parties, and the tribunal's decision based on the facts and legal provisions involved.