This case pertains to the addition made u/s 69A of the Income ...

Unexplained cash addition contested: Court rejects tax authority's baseless disbelief of cash book evidence.

Case Laws     Income Tax

August 30, 2024

This case pertains to the addition made u/s 69A of the Income Tax Act regarding unexplained cash found during a search operation. The assessee produced a cash book to explain the cash, but the Departmental Representative argued that maintaining a cash book is not mandatory for individuals, and the cash book was an afterthought. The CIT(A) disbelieved the cash book solely on the ground that individuals generally do not maintain cash books, without any substantive basis. The CIT(A) treated the amount as explained on an estimated basis and confirmed the remaining addition. The ITAT held that the CIT(A)'s findings on the cash book were baseless and perverse. Since the assessee produced the cash book and explained the cash found during the search, contending it belonged to family members, and the Panchnama drawn during the search also mentioned the names of the assessee and other family members, the authorities erred in making/sustaining the addition. Consequently, the assessee's appeal was allowed.

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