Income Tax

ITAT reduced addition for cash deposits by estimating income, assessee might have saved

ITAT reduced addition u/s 69A for cash deposits in bank by estimating the income assessee might have saved from the past incomes

ABCAUS Case Law Citation:
ABCAUS 2988 (2019) (06) ITAT

The appeal was filed by the assessee HUF against the order of Commissioner of Income Tax (Appeals) in upholding the addition made by the AO u/s 69A of the Income Tax Act, 1961 (the Act) for cash deposited in bank in assessment framed under section 143(3) read with section 147 of the Act.

The reason of reopening of assessment in this case was that during the relevant assessment year the assessee had made cash deposits in his saving bank account on various occasions.

The AO required the assessee to explain the source of cash deposit. The assessee explained that this deposits were out of the past savings, agricultural income etc. The assessee stated that the cash was deposited in the bank account as previously there was no bank account held in the name of assessee.

According to AO, the assessee could not prove the source of cash deposits in the bank account and hence, he treated this cash deposit as undisclosed income of the assessee.

Aggrieved, the assessee preferred the appeal before CIT(A) who confirmed the addition, Aggrieved, the assessee was in second appeal before the Tribunal.

It was claimed that the assessee was having substantial cash from savings but because being agriculturist and uneducated person, he was not having any bank account in rural area, where they were residing.

The Tribunal took note of the copies of acknowledgement of the return of income for previous years wherein the assessee had also declared agricultural income. All those returns were filed to prior to the issuance of notice under section 148 of the Act.

The Tribunal noted that the factual aspect and noted that the assessee might have saved from the past incomes, which he might kept in cash as claimed.

The Tribunal opined that a reasonable estimate could be made for making addition. Hence, the Tribunal assessed the net income on account of unexplained deposit because it was proved that the assessee might earned estimated amount from its returns of income for earlier years. Even, the agricultural income and rent received might have contributed to the part on household expenditure.

Thus, the Tribunal estimated the past savings and directed the AO to reduce the addition made to that extent.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Bank

State Bank of India elects four Directors in its Central Board

State Bank of India in its General Meeting of the Shareholders elected four Directors to the Central Board. The meeting…

14 hours ago
  • Income Tax

Declaration of additional income by increasing the WIP was not proper – ITAT

Voluntary declaration of additional income by increasing WIP was not proper, as assessee will take the additional benefit in the…

2 days ago
  • Income Tax

Cash payment for purchase of land or property not violation of 269SS or 269T

Cash payment for purchase of land or property cannot be treated as violation of provisions of section 269SS or 269T…

3 days ago
  • Income Tax

Excel Utility for ITR-1 and ITR-4 available for e-filing for AY 2026-27

Income Tax Department has released excel Utility for e-filing ITR-1 and ITR-4 for AY 2026-27 Excel utilities of ITR-1 and…

4 days ago
  • Insurance

Mediclaim amount not deductible from MACT award under medical expenses – SC

Amount of money received as Mediclaim not deductible from an award passed by MACT under the head of medical expenses.…

5 days ago
  • Income Tax

ITAT jurisdiction is decided by location of AO passing the impugned order

Location of the assessing officer who passed the order shall decide the jurisdiction of the Bench of the Tribunal In…

5 days ago