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of <h1>Surrendered survey income can explain subsequent bank deposits under telescopic benefit principle Section 68</h1> <h3>The Pr. Commissioner of Income Tax Indore Versus Shri Vinod Bhandari</h3> The Pr. Commissioner of Income Tax Indore Versus Shri Vinod Bhandari - TMI Issues Involved:1. Whether the ITAT was justified in deleting the addition made by the AO u/s 68 of the Income Tax Act, 1961.2. Whether the respondent is entitled to the telescoping benefit of the surrendered income to the cash deposits in the bank account.Summary:Issue 1: Justification of ITAT in Deleting Addition u/s 68The appellant challenged the ITAT's decision to delete the addition of Rs. 7,34,79,097/- made by the AO u/s 68 on account of unexplained cash credit. The AO had added this amount as unexplained cash deposits in the respondent's bank account, suspecting it to be from the Vyapam scam. However, the ITAT found no evidence linking the cash deposits to the Vyapam scam and noted that the cash was deposited during the Financial Year 2011-12, whereas the Vyapam case proceedings related to the subsequent year. The ITAT observed that the respondent had surrendered Rs. 7 crores as unaccounted income during the survey, which was used to earn interest income through hundis, and this unaccounted income was offered to tax.Issue 2: Entitlement to Telescoping BenefitThe ITAT accepted the respondent's contention that the cash deposits in the bank account were the maturity proceeds of hundis, which were made from the unaccounted income surrendered during the survey and offered to tax. The ITAT referred to various judicial pronouncements supporting the concept of telescoping, where an already taxed fund can be used to explain subsequent unexplained cash credits. The ITAT concluded that the respondent is entitled to the telescoping benefit of the surrendered income to the cash deposits in the bank account.Conclusion:The High Court found that the ITAT's findings were based on a thorough examination of the facts and were consistent with established legal principles. The department failed to demonstrate any factual inaccuracies or provide substantial evidence to challenge the ITAT's findings. The High Court held that no substantial question of law arose from the ITAT's order, and the appeal was dismissed accordingly. The ITAT's decision to grant the telescoping benefit and delete the addition made u/s 68 was upheld.
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