Facts of the Case
During assessment proceedings, the Assessing
Officer noticed substantial cash deposits and financial transactions in the
assessee’s bank account. The assessee was called upon to explain the nature and
source of these deposits.
The Assessing Officer found the explanation and
supporting evidence insufficient and treated the amounts as unexplained income
under the relevant provisions of the Income-tax Act. Additions were accordingly
made to the taxable income.
Aggrieved by the assessment order, the assessee
pursued appellate remedies.
Issues Involved
- Whether the cash deposits and credits were satisfactorily
explained.
- Whether the Assessing Officer was justified in treating the amounts
as unexplained income.
- Whether the assessee discharged the burden of proof required under
law.
Petitioner’s (Assessee’s) Arguments
- The assessee contended that the deposits represented legitimate
funds and not undisclosed income.
- It was argued that the Assessing Officer did not properly
appreciate the explanation furnished.
- The assessee sought deletion of the additions, asserting that the transactions
had genuine sources.
Respondent’s (Revenue’s) Arguments
- The Revenue argued that the assessee failed to produce credible
documentary evidence to substantiate the claimed sources of deposits.
- Mere explanations without verifiable proof were insufficient to
discharge the statutory burden.
- Therefore, the additions made by the Assessing Officer were
justified.
Court Order / Findings (ITAT)
- The burden lies on the assessee to establish the identity, nature,
and source of funds deposited in bank accounts.
- In the absence of reliable supporting evidence, the Assessing
Officer is entitled to treat such deposits as unexplained income.
- Additions based on unexplained cash deposits are sustainable where
the assessee fails to provide satisfactory explanation.
Important Clarification
Unexplained cash deposits or credits may be taxed
as income when the assessee fails to substantiate their source with credible
evidence.
- Cases involving unaccounted cash transactions
- Documentation standards during assessment proceedings
- Burden of proof in unexplained income matters
Separate Link (as provided)
Link to download the order –https://itat.gov.in/public/files/upload/1606480880-Anil.pdf
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