ITAT

No disallowance u/s 36(1)(iii) can be made for cash-in-hand over certain time unless shown that it was utilized for undisclosed purpose- ITAT

No disallowance u/s 36(1)(iii) can be made for cash-in-hand over the certain period of time unless cogent material is brought to show that it was utilized for undisclosed purpose – ITAT 

ABCAUS Case Law Citation:
ABCAUS 2405 (2018) 07 ITAT

The instant appeal by the assessee was directed against the order of the Commissioner of Income Tax (Appeals) in inter alia sustaining additions made by the Assessing Officer (AO) u/s 36(1)(iii) of the Income Tax Act, 1961 (the Act).

The Assessing Officer noted that as per entries in the assessee’s cash book, cash of Rs. 6 lacs had been deposited in the bank account. However, as per the bank statement, the corresponding entry in the bank was reflected after five months from the date the deposit was reflected in the cash book. Hence, the Assessing Officer inferred that the assessee had utilized this amount for non business purpose for five months.

The assessee explained that due to clerical mistake on the part of the Accountant, there was a mistake in the date of entry in the cash book which remained so by oversight. However, the Assessing Officer did not accept the explanation of the assessee and added interest @ 18% for five months in this regard and disallowed the same u/s 36(1)(iii) of the Act.

Commissioner of Income Tax (Appeals) confirmed the addition.

The Tribunal opined that the addition made in this regard was bizarre as the cash-in-hand over the certain period of time, by no stretch of imagination, can lead to disallowance u/s 36(1)(iii) of the Act unless cogent material is brought on record that the same has been utilized by the assessee for undisclosed personal purpose.

Moreover, the Tribunal concurred with the submission of the assessee that in any case, the assessee was having sufficient interest bearing own funds. Hence, the disallowance u/s. 36(1)(iii) of the Act for the diversion of interest bearing funds was not at all sustainable in the case.

Accordingly, the Tribunal set aside the addition.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Companies Act

Small Company threshold of paid up capital and turnover increased w.e.f 1st December 2025

Small Company threshold of paid-up capital increased to Rs. ten crores and turnover to Rs. hundred crores w.e.f. 1st December…

1 hour ago
  • Income Tax

For registration u/s 12AA if CIT satisfaction limited to objects or also to activities? SLP admitted

For registration u/s 12AA if Commissioner’s satisfaction is limited to the objects of the Institution, or also to genuineness of…

13 hours ago
  • Income Tax

Over 30 approvals u/s 153D within minutes amounted to total non-application of mind

Over 30 approvals u/s 153D granted within minutes amounted to total non-application of mind – Bombay High Court In a…

14 hours ago
  • Income Tax

When disallowance is made u/s 37(1) section 69C is not applicable – ITAT

When AO invoked provisions of section 37(1) to disallow purchases, provisions of section 69C of the Act are not applicable…

1 day ago
  • Income Tax

ITAT refuses to accept cash book as source of deposit as assessee was not subject to audit

ITAT refuses to accept opening cash as source of cash deposit as assessee was not subject to audit and cash…

3 days ago
  • Income Tax

Mere preparation of income tax notice and send to dispatch not effective issuance

Mere preparation of income tax notice and forwarding the same for dispatch is not effective issuance of notice until it…

3 days ago