1982 (2) TMI 28 - HC - Income Tax

Bank passbook deposits not in assessee's books are not taxable under Income-tax Act. Tribunal's decision upheld.

Commissioner of Income-Tax, Poona Versus Bhaichand H. Gandhi

The Supreme Court held that a deposit shown in the bank pass book but not in the assessee's books is not includible under section 68 of the Income-tax ... Cash Credits, Income Issues involved: Determination of whether a cash credit in the bank pass book not shown in the cash book falls under section 68 of the Income-tax Act, 1961 and if a deposit made by the assessee in the bank is includible under section 68 for computing income.Summary:In the assessment proceedings for the year 1962-63, the Income Tax Officer (ITO) included Rs. 30,000 as cash credits in the assessee's books, treated as income from undisclosed sources. The assessee's explanation was rejected by the ITO and the amount was confirmed by the Appellate Authority (AAC). On further appeal to the Tribunal, it was argued that a deposit of Rs. 10,000 made by the assessee was not included in the assessee's maintained books but was shown in the bank pass book. The Tribunal accepted the contention that the bank pass book cannot be considered as a book maintained by the assessee under section 68 of the Income-tax Act, 1961. The Tribunal held that the pass book is a copy of the account maintained by the bank and not by the assessee, thus not falling under section 68. The Supreme Court precedent also supports assessing undisclosed income based on the ordinary financial year. Therefore, the Tribunal's decision was upheld, answering the questions in favor of the assessee.The relationship between a bank and its customer is that of debtor and creditor, not trustee and beneficiary. The pass book provided by the bank is a record of the customer's account in the bank's books, not maintained by the customer. The Tribunal's decision was justified in considering the pass book as not a book maintained by the assessee or under their instructions. Thus, the Tribunal correctly concluded that the cash credit in the bank pass book does not fall under section 68 of the Income-tax Act, 1961.The questions referred were answered affirmatively and negatively in favor of the assessee, respectively. The Commissioner was directed to pay the costs of the reference to the assessee.