During the demonetization period, the assessee deposited Rs. ...

Deposited Rs. 36.5L SBNs during demonetization, AO added u/s [email protected]%. Tribunal: No addition when source proved. Upheld assessee's case.

Case Laws     Income Tax

August 3, 2024

During the demonetization period, the assessee deposited Rs. 36.50 lacs in Specified Bank Notes (SBNs) in their bank account. The Assessing Officer (AO) made an addition u/s 69A by applying the rate of 77.25% and attracting Section 115BBE instead of the normal tax slab. However, the assessee had shown opening cash in hand and provided details of cash expenses, which were not disputed by the authorities. The withdrawals and opening cash balance were also undisputed. Even after depositing Rs. 36.50 lacs, the assessee showed Rs. 9,72,482/- as cash in hand, which was not disputed. The Appellate Tribunal held that since the source of cash withdrawals was proved, no addition on account of SBN deposits was justified when the assessee had no option but to deposit the high-denomination notes during demonetization. The AO's action was based on mere suspicion and guesswork. The decision was in favor of the assessee.

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