2022 (11) TMI 376 - AT - Income Tax

Tribunal remands case for fresh examination of evidence on cash deposits & share transactions

The Tribunal allowed the appeal filed by the assessee, remanding the case to the Assessing Officer for a fresh examination of the evidence and ... Unexplained cash credit u/s. 68 - undisclosed investment - addition by taking view that withdrawn from Dena Bank was made through ATM and deposits in ICICI Bank is after 2 to 3 days in some instances gap between withdrawals and deposits are more than 20 to 30 days - HELD THAT:- The entire credit in the bank account cannot be added as undisclosed income by ignoring the debit entry, particularly when the assessee has shown that cash deposit was made out of withdrawal from Dena Bank. Therefore, I restore back the case to the file of assessing officer to reconsider the issue afresh and pass order in accidence with law. The assessee is at liberty to prove that the cash deposit was out of the withdrawal from Dena Bank and remaining credit in ICICI bank was also a result of share transaction. Needless to direct that before passing the order afresh, the assessing officer shall grant opportunity of hearing to the assessee. The assessee is also directed to provide complete details, evidences and information to the assessing officer and not to take adjournment without any valid reasons. In the result, the grounds of appeal raised by the assessee are allowed for statistical purpose. Issues Involved:1. Addition of Rs. 6,47,693/- as unexplained cash credit under Section 68 of the Income Tax Act.2. Confirmation of the addition by the CIT(A) NFAC, Delhi.Issue-wise Detailed Analysis:1. Addition of Rs. 6,47,693/- as unexplained cash credit under Section 68 of the Income Tax Act:The assessee, a doctor by profession, filed a return of income for AY 2016-17 declaring a total income of Rs. 1,72,640/-. During the scrutiny assessment, it was found that the assessee had not disclosed a bank account in ICICI Bank, which showed total credit entries of Rs. 6,48,483/-. The Assessing Officer (AO) treated this as unexplained cash credit under Section 68 of the Act. The assessee explained that Rs. 2,28,000/- was cash deposited from withdrawals from Dena Bank and cash on hand, while the remaining Rs. 4,19,696/- were related to share transactions. However, the AO did not accept this explanation, noting inconsistencies in the timing of withdrawals and deposits and the lack of disclosure of the ICICI Bank account in the return of income. The AO added Rs. 6,47,693/- as undisclosed investment, excluding minor amounts of interest and dividend.2. Confirmation of the addition by the CIT(A) NFAC, Delhi:The assessee appealed to the CIT(A), who upheld the AO's decision, stating that the addition under Section 68 was in accordance with the law due to non-disclosure of the bank account. The CIT(A) did not verify the detailed submissions and explanations provided by the assessee regarding the cash flow and the nature of transactions in the ICICI Bank account.Tribunal's Analysis and Decision:The Tribunal noted that the assessee had provided detailed explanations and evidence, including passbooks and cash flow statements, showing that the cash deposits in ICICI Bank were from withdrawals from Dena Bank and that the transactions in the ICICI Bank account were related to share trading, resulting in losses. The Tribunal found that the lower authorities, particularly the CIT(A), did not properly consider these submissions and explanations.The Tribunal held that the entire credit in the ICICI Bank account could not be added as undisclosed income without considering the debit entries and the explanations provided. The case was restored to the AO to reconsider the issue afresh, with directions to verify the details and evidence provided by the assessee. The AO was instructed to grant an opportunity of hearing to the assessee and to pass an order in accordance with the law, ensuring that the assessee provides complete details and does not seek adjournments without valid reasons.Conclusion:The appeal filed by the assessee was allowed for statistical purposes, and the case was remanded to the AO for a fresh examination of the evidence and explanations provided by the assessee regarding the cash deposits and share transactions in the ICICI Bank account.