Income Tax

Employee in Govt department for long time, cannot be presumed not having cash in hand

Employee working in Govt department for a long period of time, cannot be presumed to not having any cash in hand – ITAT deleted addition for unexplained opening cash in hand as per cash flow statement

ABCAUS Case Law Citation:
ABCAUS 2548 (2018) 09 ITAT

Govt employee cannot be presumed not having any cash in hand

A search action u/s 32 of Income Tax Act, 1961 (the Act) was carried out by the Income Tax Department in the group. The premises of the appellant assessee was also searched and some cash was recovered.

The Assessing Office (AO) issued notice u/s 153A of the Act to the assessee. In response thereto, the assessee stated that the return filed originally may be treated as the return filed in response to the notice u/s 153A of the Act.

During the assessment proceedings u/s 153A of the Act, the assessee submitted a cash flow statement covering all the five assessment year concerned. The opening cash balance was taken at Rs. 1,00,000/-.

However the AO did not accept the cash flow statement furnished by the assessee and proceeded to make addition of Rs.1 lakh.

The AO opined that during the relevant time, the assessee had bank accounts to keep any extra cash if any available with him in the bank accounts. In fact the assessee seemed to be hand to mouth as the cash balance in the bank account was never substantial. Further, according to the AO the sources of income of the assessee around the relevant time did not justify the cash balance of Rs.1,00,000/-

Therefore, the AO held that the cash flow statement submitted by the assessee was nothing but a self serving document and therefore he rejected it.

The AO framed the assessment u/s 153A r.w.s. 153(3) of the Act by treating the opening cash balance of Rs. 1,00,000/- with the assessee as unexplained and added ot to the total income of the assessee for the relevant AY. Penalty proceedings u/s 271(1)(c) were also initiated for furnishing inaccurate particulars of the income.

CIT(A), who also sustained the addition.

Before the Tribunal, it was argued that the AO and the CIT(A) failed to appreciate the facts in right perspective.

It was submitted that the addition sustained was not made on the basis of any incriminating material. It was merely on the basis of not accepting the cash flow statement.

It was contended that the assessee was a Government employee and it could not be in iota of imagination that he was not saving any amount.

The Tribunal observed that as per the findings recorded by the AO, it was clear that the addition was more on presumption than on any incriminating material.

The Tribunal opined that when it was undisputed fact that the assessee had been working in a Government department for a long period of time, therefore, it could not be presumed that he was not having any cash on hand.

The Tribunal held that Rs. 1 lakh as claimed by the assessee was reasonable as a cash in hand. Accordingly, the ground of the assessee was allowed.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

AO took a reasonable stand that 25 kg written in WhatsApp chat was 25 lakh – ITAT

Assessing Officer had taken a reasonable stand that 25 kg written in WhatsApp chat/text message was 25 lakh - ITAT…

2 hours ago
  • Income Tax

Shareholders can’t be taxed for income from properties owned by the company – HC

Shareholders are only owners of the shares of the company therefore, income from properties earned by the company cannot be…

4 hours ago
  • Income Tax

Jurisdictional error in reassessment approval can’t be shielded by the law of limitation

When approval for reassessment was granted by unauthorised authority, such jurisdictional error cannot be shielded by the law of limitation…

7 hours ago
  • Income Tax

ITAT ought to remanded whole matter of bogus purchases instead of profit determination

ITAT on presumption of bogus purchases ought to have remanded case to AO to reconsider the whole matter instead of…

7 hours ago
  • Income Tax

Where proceedings u/s 153C barred by limitation, AO can’t invoke section 148 & 148A

Where proceedings u/s 153C are barred by limitation, AO can not reopen the case invoking section 148 and 148A of…

1 day ago
  • bankruptcy

Corporate guarantees executed by corporate debtor constitute “financial debt” under IBC

Corporate guarantees executed by the corporate debtor constitute “financial debt” under IBC and banks to be recognized as financial creditors…

1 day ago