2022 (11) TMI 199 - AT - Income Tax

Tribunal upholds income tax addition, dismisses appeal due to lack of merit

Shri Shantibhai H Jogani Versus Income Tax Officer, Ward-3 (3) (4), Surat

The Tribunal condoned the substantial delay in filing the appeal due to non-receipt of the order, allowing the appeal to be heard. The addition of ... Unexplained cash credit u/s 68 - addition by taking view that there was no closing cash balance in hand in the preceding assessment year as the assessee has himself has shown cash in hand as ‘zero’ - AO treated such opening balance as unexplained cash credit under section 68 - HELD THAT:- CIT(A) confirmed the action of AO by holding that the if any error occurred, it was the duty of assessee to file revised return of income, the that it is a typographical mistake is devoid of merit. Assessee himself has disclosed nil cash balance as on 31.03.2013, so no stretch of imagination the opening cash balance as on 01.04.2015 can be taken at Rs.8,24,191/-. Assessee made similar submission as made before the lower authorities. However, neither name of such person is disclosed nor any evidence or any letter of corresponding of communication with the persons who has filed return of income and committed such mistake, is filed. The contention of assessee such plea does not inspire confidence. Thus find merit in the submissions of ld DR for the revenue that the business activities of assessee are doubtful and the assessee has raised lame excuse of inadvertent mistake only. Therefore, do not find any merit in the grounds of appeal raised by assessee. Issues:1. Delay in filing appeal before the Tribunal.2. Addition of unexplained cash credit under section 68 of the Income Tax Act.3. Condonation of delay in filing appeal.4. Merits of the case regarding the addition made by the Assessing Officer.5. Appeal challenging the addition before the Ld. CIT(A) and the Tribunal.Issue 1: Delay in filing appeal before the Tribunal:The appeal was filed with a substantial delay, and the assessee sought condonation of the delay. The assessee explained that the delay was due to not receiving the physical copy of the order from the Ld. CIT(A) timely. The Ld. AR for the assessee argued that the delay was unintentional, and the assessee had a good case on merit. The Tribunal, considering the reasons provided, condoned the delay and admitted the appeal for hearing.Issue 2: Addition of unexplained cash credit under section 68 of the Income Tax Act:The Assessing Officer added Rs.8,24,191 as unexplained cash credit under section 68 of the Act due to a discrepancy in the cash balance shown in the returns. The assessee claimed it was a typographical error and submitted monthly cash flow statements. The Ld. CIT(A) upheld the addition, stating it was the assessee's duty to file a revised return if an error occurred. The Tribunal found no merit in the appeal, as the business activities of the assessee were deemed doubtful, and the explanation of inadvertent mistake was not convincing.Issue 3: Condonation of delay in filing appeal:The Tribunal, after considering the reasons provided by the assessee for the delay in filing the appeal, including the impact of the Covid-19 pandemic, found a reasonable cause for condonation of the delay. The delay was condoned, and the appeal was admitted for hearing.Issue 4: Merits of the case regarding the addition made by the Assessing Officer:The Assessing Officer treated the opening cash balance as unexplained cash credit, which was upheld by the Ld. CIT(A). The Tribunal found that the explanation provided by the assessee for the discrepancy was not satisfactory, and the addition was deemed justified. The arguments presented by the Ld. AR for the assessee were not supported by concrete evidence or past correspondence, leading to the dismissal of the appeal.Issue 5: Appeal challenging the addition before the Ld. CIT(A) and the Tribunal:The assessee challenged the addition made by the Assessing Officer before the Ld. CIT(A) and subsequently before the Tribunal. The Ld. CIT(A) upheld the addition, emphasizing the assessee's responsibility to rectify errors in the returns. The Tribunal dismissed the appeal, noting the lack of merit in the grounds raised by the assessee.This detailed analysis of the judgment covers the issues of delay in filing the appeal, the addition of unexplained cash credit, condonation of delay, the merits of the case, and the appeal challenging the addition before the Ld. CIT(A) and the Tribunal.