The assessee's contentions were upheld by the Tribunal regarding ...

Tribunal upholds assessee's contentions, deletes additions by AO on unexplained cash, bank statements, time deposits & u/s 68.

Case Laws     Income Tax

July 19, 2024

The assessee's contentions were upheld by the Tribunal regarding various additions made by the Assessing Officer. The Tribunal ruled that the RTGS transfer from the assessee's bank account cannot be treated as unexplained cash deposit, and directed the Assessing Officer to delete the addition. The Tribunal also accepted the assessee's explanation regarding the bank statements and held that no addition can be made solely based on AIR information without corroborative evidence. The addition on account of time deposits/fixed deposits was deleted, as the assessee had shown sufficient operating receipts, and the renewal of fixed deposits cannot be questioned unless the original source is doubted. The Tribunal found that the investments in land property were duly reflected in the bank statements, and the delay in cheque clearance cannot lead to an adverse inference. The addition u/s 68 was also deleted, as the assessee established the identity, creditworthiness, and genuineness.

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