Tribunal overturns addition of seized cash in wealth calculation, directs deletion

The Tribunal directed the AO to delete the addition of wealth amounting to 2,06,31,230. The Tribunal found that the cash seized during a search operation, totaling 12,69,85,000, was not to be considered as cash in hand for calculating net wealth as it was deposited in a PD account to adjust against tax liability. The Tribunal relied on a previous case where seized cash was similarly treated. As a result, the appeal by the assessee was allowed, overturning the decision of the Ld. CWT(A).

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Issues:
1. Addition of wealth on account of cash found during a search operation.

Analysis:
The appeal was filed against the order of the Ld. CWT(A) confirming the addition of wealth amounting to &8377; 2,06,31,230 on the grounds of cash found during a search operation. The cash in question, totaling &8377; 12,69,85,000, was seized during the search and offered for taxation. The WTO believed that any cash exceeding &8377; 50,000 should be added to the net wealth of the assessee. The assessee contended that the cash seized was deposited in a PD account after filing an application to the Director of Income Tax for adjusting it against tax liability. This led to a dispute regarding whether the cash should be considered as cash in hand for calculating the net wealth.

The Ld. CWT(A) upheld the addition of wealth, leading the matter to the Tribunal. The Ld. Counsel for the assessee argued that since the cash was deposited in the PD account, it should not be treated as cash in hand for determining the net wealth. On the other hand, the Ld. Departmental Representative supported the CWT(A)'s decision. The Tribunal referred to a previous case where cash seized was directed to be kept in a fixed deposit account, leading to a similar conclusion that such cash should not be considered as cash in hand for net wealth computation.

Based on the precedent and the specific circumstances of the case, the Tribunal directed the AO to delete the addition of wealth amounting to &8377; 2,06,31,230. The Tribunal found that since part of the seized cash was adjusted against tax dues and the remaining amount was held in the PD account of the Commissioner of Income Tax, it could not be categorized as cash in hand for the purpose of calculating the net wealth. Consequently, the appeal by the assessee was allowed, and the decision was pronounced in open court on 25th August 2014.

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