The present appeal was filed by the assessee
against the order of the Commissioner of Income Tax (Appeals), National
Faceless Appeal Centre, for Assessment Year 2017-18, confirming an addition of
₹10,05,000 made under Section 69A of the Income Tax Act, 1961 on account of alleged
unexplained cash deposits.
The assessment was completed under Section 144,
wherein the Assessing Officer treated cash deposits and credits in the
assessee’s bank account as unexplained money taxable under Section 69A read
with Section 115BBE. The assessee, a housewife, had not furnished explanations
during assessment proceedings, leading to a best-judgment assessment.
During appellate proceedings, the assessee
furnished detailed explanations and documentary evidence explaining the source
of cash deposits. It was submitted that the assessee was earning tuition income
by conducting classes from her residence and had also received management
consultancy fees on which tax was deducted at source, duly reflected in Form
26AS. It was further explained that the assessee had accumulated cash from
tuition receipts over the years and had also made periodic cash withdrawals
from her bank accounts during Financial Years 2015-16 and 2016-17.
The assessee demonstrated that as on 08.11.2016,
she had sufficient cash in hand arising from opening cash balance, tuition
income received in cash, and earlier bank withdrawals. It was explained that
cash was withdrawn in small tranches for the purpose of construction of a
residential house at her native village, where cash payments to labourers and
vendors were customary. Due to a local dispute, the construction was delayed
and, in the intervening period, demonetisation was announced, compelling the
assessee to deposit the accumulated cash into her bank account. Subsequent
utilisation of cash for construction was also supported by bills, vouchers, and
expenditure details.
The CIT(A), however, rejected the explanation
primarily on the ground that the assessee failed to justify why cash
withdrawals and tuition receipts were retained in cash for a prolonged period
and confirmed the addition under Section 69A.
On further appeal, the Tribunal observed that the
assessee had furnished complete details of cash withdrawals, tuition income,
bank statements, and corroborative evidence relating to construction
expenditure. The Tribunal noted that the CIT(A) had not disputed the factum or
quantum of withdrawals and receipts but had rejected the explanation merely on
perceived improbability of human conduct.
Relying on the principle laid down by the Delhi
High Court in Jaya Aggarwal v. ITO, the Tribunal held that human
behaviour varies and plausible explanations supported by evidence cannot be
discarded solely on the basis of assumptions. Considering the facts and
circumstances, the Tribunal accepted the assessee’s explanation as reasonable
and deleted the addition made under Section 69A.
Accordingly, the appeal of the assessee was
allowed.
SOURCE LINK: https://itat.gov.in/public/files/upload/1767607914-aRXSsN-1-TO.pdf
Disclaimer
This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content. The material has been prepared with the assistance of AI tools.
0 Comments
Leave a Comment